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TH E 

ANNANDALE. 

FAMILY BOOK 

OF THE 

JOHNSTONES, EARLS AND 
MARQUISES OFANNAMDALE 



SIR WILLIAM FRASERK.C.B., L LD. 




IN TWO VOLUMES. 

VOLI. MEMOIRS AND CHARTERS 

EDINBURGH, I894. : _ fe: _ ;> ^ 



S 





Contents of ftolume fijsgt 

PAGE 

TITLE-PAGE. 

TABLE OF CONTENTS, \M 

introduction, titi^rrrtJiii 

MEMOIRS OF THE JOHNSTONES OF JOHNSTONE, 
EARLS AND MARQUISES OF ANNANDALE, from the 
twelfth century. These include Eighteen Detailed Genera- 
tions from John, the first known ancestor of the Johnstone 
family, father of Sir Gilbert Johnstone, knight, circa n 70-1 194, 
down to and including William, first Marquis of Annandale, 
who died 14th January 1721, ..... i-cccxxii 



TABULAR GENEALOGY OF THE JOHNSTONES OF 
JOHNSTONE, EARLS AND MARQUISES OF ANNAN- 



DALE from 1 1 70 to 1894, 



CCCXXllI-CCCXXVlll 



CASTLES AND MANSIONS of the Johnstones of Johnstone 
and Annandale — 

1. Lochmaben Castle, 1775, . . . . cccxxix 

2. Johnstone or Lochwood Tower, . . . cccxxxii 

3. Moffat House, ...... cccxxxiv 

4. Raehills House, . . . . cccxxxvi 



II CONTENTS. 

PAGE 

MANSIONS formerly belonging to the Johnstones — 

i. Newbie Tower, ...... cccxl 

2. Stapleton Tower, ...... cccxl 

3. Corrie or Lun, ...... cccxli 

4. Wamphray Place, ...... cccxli 

CHARTERS OF THE JOHNSTONES OF JOHNSTONE, EARLS 

AND MARQUISES OF ANNANDALE, . . . 1-101 

Abstract of the Charters, ....... 102-108 

APPENDIX OF CHARTERS, 1 124-1323, .... 129-133 

Abstract of Appendix of Charters, . . . . .128 



ILLUSTRATIONS IN VOLUME FIRST 

CHARTERS LITHOGRAPHED 

1. King David the First to Robert de Bruce of Estrahanent, c. 1 1 24, facing X 

2. King David the First to Robert de Bruce of Estrahanent, in 

Forest, c. 1125-1129, . . . . „ XI 

3. Robert Bruce to Ivo and his heirs, of a place for the purpose of 

fishing and spreading nets, c. 1190, . . . ,, til 

4. William Bruce, granting to Ivo of Kirkpatrick land in the fee of 

Penresax, called Thorbrec and Willambi and the town of 

Blacwde, 1194-1214, .....,, Ill 

5. William Bruce to Adam of Carlyle, son of Robert, of the land of 

Kynemund, 1194-1214, . . . . . ,, Illl 



CONTENTS. HI 

PAGE 

6. Robert Bruce to Roger Crispin, of the land of Cnoculeran, with 

two armorial seals on back, c. 121 8, . . . facing Tit) 

7. Robert Bruce to Robert Crossebi, of commonty in the Wood of 

Stableton, 1245, ...... Xll) 

8. Robert Bruce, Earl of Carrick, and Lord of Annandale, to 

Alexander of Keith, of the lands of Langforgrund, 

c. 1 300, ..... between XlO and X'O 

9. King Robert the Bruce to James, Lord of Douglas, Knight, of 

Polbutthy, in the Valley of Moffat, 15th December 

1318, . . . . between JCtll and JCtlll 

10. Robert the Bruce, confirming a charter by Edward Bruce, King 
of Ireland, his brother, to John of Carleton, of the lands 
of Dalmakerran, etc., for yearly payment of three sufficient 
spears, etc. The charter must have been granted between 
13 1 6 and 13 18. The confirmation is dated at Scone, 26th 
July 1323, ..... between XX and XXX 



PORTRAITS. 

1. James, first Earl of Annandale and Hartfell, Viscount of Annan, 

Lord Johnstone of Lochwood, Lochmaben, Moffatdale, 

and Evandale, ..... Frontispiece 

2. Sophia Fairholm, first Marchioness of Annandale, . . facing cccxxii 

3. James, second Marquis of Annandale, . . „ cccxxiii 

4. George, third Marquis of Annandale, . , „ cccxxiv 

5. John, second Earl of Hopetoun, . . . • „ cccxxviii 

6. James, third Earl of Hopetoun, . . between cccxxviii and cccxxix 

7. Lady Elizabeth Carnegie, his countess, . . Do. 

8. Lady Ann Hope Johnstone, their eldest daughter, Do. 

9. Admiral Sir William Johnstone Hope, G.C.B., her husband, Do. 



to 



CONTENTS. 



10. John James Hope Johnstone, Esq., of Annandale, 

their eldest son, . . . between cccxxviii and cccxxix 

ii. Alicia Ann Gordon, his wife, . . . Do. 

12. William James Hope Johnstone, younger of Annan- 

dale, their eldest son, . . . Do. 

13. The Hon. Octavia Macdonald, his wife, and their 

eldest son, ..... Do. 

14. John James Hope Johnstone, Esq. of Annandale, in 

1894, .... Introduction, facing XXXXbll 

15. The Hon. Mary Hope Johnstone, Mrs. Percy, . . facing cccxxix 



CASTLES AND MANSIONS. 



1. Lochmaben Castle, 1775, 

2. Johnstone or Lochwood Tower. 

3. Two of the Great Oaks, 

4. Moffat House, 

5. Raehills House, 



facing cccxxx 

„ cccxxxii 

, , cccxxxiii 

,, cccxxxiv 

„ cccxxxvi 



MISCELLANEOUS. 

Inscription on tombstone of Sir James Johnstone, killed by Lord 
Maxwell, 1608, ..... 

The Grey Mare's Tail, ...... 

Armorial bearings of "The Lord of Annanderdale of Auld," 
and "Johnstone of that Ilk," from Sir David Lindsay's 
Book of Heraldry, . 



clxvi 
cxc 



99 



CONTENTS. 



t) 



WOODCUT SEALS AND SIGNATURES. 



Woodcut Signatures — 

Dame Margaret Scott, Lady Johnstone, 23rd June 1598 

Sir James Johnstone of Johnstone, knight, 1593, 

Sara Maxwell, Lady Johnstone, 1608, 

James Johnstone of Johnstone, 1631, 

James, first Earl of Hartfell, 1643, ■ 

Elizabeth Johnstoneof Elphinstone, second Countessof Hartfell, 1643, 

Lady Margaret Hamilton, Dowager of David, Lord Carnegie, 1648, 

James, Master of Johnstone, afterwards first Earl of Annandale and 

second Earl of Hartfell, 1643, • 
James, second Earl of Hartfell, 1657, 
James, first Earl of Annandale, 1666, 
Henrietta Douglas, his countess, 1662, 
King William the Third, 1689, 
The King's initials, 1689, 

William, Earl, afterwards first Marquis of Annandale, 1698,. 
Sophia Fairholme, Countess, afterwards Marchioness of Annandale. 

1685, 

Charlotta, second Marchioness of Annandale, 1757, . 

David Hume the historian, 1745, 

John Johnstone of Johnstone, 1542-3, . 

Sir John Johnstone of Johnstone, 2nd July 1573, 

,, ,, 9th December 1577, 

„ „ 2nd December 1578, 



PAGE 

civ 
clxvi 
clxvi 
ccxi 
ccxi 
ccxi 
ccxi 

ccxlviii 
ccxlviii 
ccxlviii 
ccxlviii 
cclxxxv 
cclxxxv 



cccxxn 

cccxxii 

cccxxxvi 

2 3 
34 
35 
36 



tU CONTENTS. 



James Johnstone of that Ilk, c. March 1590, 

John Maxwell, Earl of Morton, 13th March 1592-3, 

Sir James Johnstone of Dunskellie, knight, 13th March 1592-3, 

Robert, Lord Crichton, of "Sanchar," 18th November 1599, 

King James the Seventh, 18th October 1688, 



PAGE 



Elizabeth Johnstone, Lady Applegarth, younger, 24th December 1587, 52 



55 
59 
59 
68 

96 



Woodcut Seals — 

Princess Margaret Stewart, Duchess of Touraine, Countess of Douglas, 

Lady of Galloway and Annandale, .... XIX 

Archibald, first Duke of Touraine, Earl of Douglas, Lord of Gal- 
loway and Annandale, ...... XIX 

Archibald, second Duke of Touraine, Earl of Douglas, etc., Lord of 

Lauder and Annandale, ..... XIX 

James Johnstone of Johnstone, 1 63 1, .... ccxi 

James, first Earl of Annandale, 1666, .... ccxlviii 

William, first Marquis of Annandale, .... cccxxii 




TO THE FIRST VOLUME. 



THE DETAILED MEMOIRS, 1170-1721. 1 

The present History of the Johnstones of Johnstone and Earls and Marquises 
of Annandale consists of two volumes. The first volume contains detailed 
Memoirs of the Johnstones of Johnstone from John their first known 
ancestor, in the twelfth century, to his lineal male descendant, William, the 
first Marquis of Annandale, who died in the year 1721. These detailed 
Memoirs embrace a period of five centuries and a half, and eighteen genera- 
tions of the Johnstone family. 

In the earlier generations these detailed Memoirs are necessarily very 
brief owing to the scantiness of materials for minute historical and bio- 
graphical notices of individuals who flourished from the twelfth to the 
fourteenth centuries. In the succeeding generations the charters and other 
muniments become more abundant. But towards the end of the sixteenth 
century the unfortunate feuds which then raged between the rival houses of 
Maxwell and Johnstone led to the wilful destruction by fire of all the charter 
muniments of the Johnstones then preserved in their ancient Tower of Loch- 
wood. Such a loss could never be replaced, and the proofs of the existence 
of the earliest known Johnstones are only to be traced in the contemporary 
charters granted by the Bruces of Annandale to which the Johnstones were 
frequent witnesses. 

1 Vol. i. pp. i-cccxxii. 
2 



t)itt INTRODUCTION. 

Besides the origin and descent of the Johnstones of Johnstone which 
are dealt with in the detailed Memoirs, many questions which have become 
historical required to be specially noticed. The great Border battle 
of Dryfesands between Lord Maxwell and Sir James Johnstone of John- 
stone and their respective clan followers, in the year 1592, resulted in the 
death of Lord Maxwell in the prime of life. The subsequent assassination 
of Sir James Johnstone in 1608 by the next and ninth Lord Maxwell, and 
the execution of Lord Maxwell, required to be as carefully investigated from 
the Johnstone point of view as they had been previously stated in the history 
of the Maxwell family in the Book of Carlaverock. 1 

In the detailed Memoir of Sir John Johnstone of Johnstone who obtained 
the erection of the barony of Johnstone in the year 1542, it is shown how 
anxious he was for the intermarriage of his family with that of the Max- 
wells. This was a common practice in prominent Border Houses of healing 
fieir feuds. Even the poetic prediction of Sir Walter Scott that the war 
between the Kers and the Scotts would " never, never be forgot," has been 
happily falsified by the marriage alliances of the Scotts and the Kers, who 
are now the best of friends on the Borders. 

A happy intermarriage between Sara Maxwell, daughter of Sir John 
Maxwell of Terregles, Lord Herries, and his wife Agnes Herries, heiress of 
Herries, and Sir James Johnstone of Johnstone, in the year 1588, led to 
favourable results for both families. Her son James, who became the first 
Lord Johnstone, was created Earl of Hartfell in 1643. The grandson of 
Sara Maxwell, also named James, became first Earl of Annandale of the 
family of Johnstone. He had a romantic career, in his early marriage with 
a daughter of the house of Douglas, and in his resignation of all his landed 
estates and peerages in the time of the commonwealth, for the express 
purpose of enabling his daughters, failing sons, to succeed to all his peerages 
and landed estates. The earl's original peerages of Hartfell were regranted 
1 Book of Carlaverock, vol. i. pp. 300-321. 



THE MASSACRE OF GLENCOE, 1G92. ft 

to hiin by King Charles the Second after the Restoration along with three 
new peerages of Earl of Annandale, Viscount Annan, and Lord Lochmaben. 
These grants have formed the subject of litigation in the House of Lords 
for nearly a century, and are still in dependence there. In the detailed 
memoir of this earl, the formal instruments which he executed in favour of 
his daughters to entitle them to inherit his peerages and landed estates are 
stated in more minute detail than they have ever been previously. In 
the second volume of this work a particular narrative is given of these 
protracted litigations and the difficulties and variations of opinion which 
an eminent Lord Chancellor entertained regarding the right to these peerages 
of the late Mr. Hope Johnstone of Annandale. 

THE MASSACEE OF GLENCOE AND THE DARIEN DISASTER. 

The first Marquis of Annandale, who was the elder son of the first Earl 
of Annandale just mentioned, forms the subject of the last of the detailed 
memoirs in this volume. His lordship held many important offices of state, 
under five successive sovereigns. His connection, as president of the Scottish 
parliament in the year 1695, with the inquiry concerning the massacre 
of Glencoe, led to his direct official concern in that unfortunate tragedy. 
This could not be overlooked in a full statement of his detailed memoir, 
more especially as several facts connected with the instructions which were 
issued by King William the Third have been misrepresented to the prejudice 
of the king. 

Another public subject had to be noticed in the memoir of the marquis. 
This was the unfortunate scheme of Darien, to which the marquis was a 
subscriber, along with so many of bis countrymen, and which, like Glencoe, had 
disastrous effect for the time upon the government of King William. Both 
the subjects of Glencoe and Darien have been dealt with at great length by 
Lord Macaulay in his History of England, and also by Mr. Burton in his 



X INTRODUCTION 

History of Scotland, as well as separately in the "Darien Papers " which he 
printed for the Bannatyne Club. William Paterson was the founder of the 
Bank of England and of the less successful Darien scheme. He was a native 
of Annandale, and courted the patronage of the marquis. Several of his 
letters to his lordship are printed in the second volume of this work for the 
first time. One of the vessels of the Darien Company was named " Annan- 
dale," and its unfortunate career is noticed in the memoir of the marquis. 

The Tabular Genealogy, which is printed immediately after the memoir 
of the marquis, 1 affords all needful information of the successors in the peer- 
ages and estates of Annandale from the second and third marquises down 
to the present time. After the detailed Memoirs, and the Tabular Genealogy 
and notices of the Castles and Mansions of the Johnstones, 2 which are 
briefly described, there follow in this volume 

THE CHARTERS OF THE JOHNSTONES. 

The Charters and Muniments of the Johnstones of Johnstone and 
Annandale necessarily form a large portion of the present volume, which is 
chiefly occupied with the muniments and the detailed memoirs of the family. 
To the charters are appended abstracts or translations of them. 3 These afford 
full information of their contents. 

THE ROYAL CHARTERS TO THE BRUCES. 

Several of these charters are so very interesting for Annandale history 
that special notices of them may here appropriately be made. The two 
foundation charters by the good King David the First to Robert the Bruce, 
and the further confirmation charter by King William the Lion, have been 
lithographed and printed, and translated in the first part of the National 
Manuscripts of Scotland. As all three charters are so closely connected 

1 Pp. cccxxiii-cccxxviii. 2 Pp. cccxxix-cccxlii. s Pp. 1-133 of this volume. 






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CHARTER OF ANNANDALE TO ROBERT BRUCE, 1124. %l 

with Annandale, they are re-printed in an Appendix of Charters to this 
volume, and facsimiles of the two charters of King David are here introduced. 

During the frequent residence in England of King David the First before 
his succession as King of Scotland, he had formed an intimate personal 
friendship with Eobert the Bruce, the acquirer of Annandale. David pro- 
bably supposed that the experience of Bruce in governing his own English 
lordships would conduce to the good rule and civilisation of the extensive 
Border lordship of Annandale, which formed the middle or third division of 
the county of Dumfries. The other two divisions of that county are Mthsdale 
on the west, and Eskdale on the east. But whatever were the real motives, 
whether of private friendship or public policy, of King David in making such 
a munificent grant, Bruce soon entered into possession of the district of 
Annandale, and governed it successfully from 1124 till the year 1138, when 
the Battle of the Standard, which was fought on 2 2d August that year on 
Cutton Moor, near Northallerton, changed the relations between King David 
and his favourite grantee of Annandale. The latter almost passionately 
endeavoured to dissuade the king against his ill-advised war with England. 
Bruce's address to his sovereign on that occasion was more in the style and 
language of an independent sovereign than a subject of Scotland as lord of 
Annandale. But his advice and his entreaties were disregarded, and the war 
proved disastrous to the Scots. Bruce did not long survive that battle, 
having died in. May 1141, after governing Annandale for seventeen years. 

His second son, also named Eobert, succeeded to Annandale, and was the 
second Bobert Bruce of Annandale from 1141 to 1190. He made charter- 
grants of the lands and fishings in Annandale to his friends and followers, as 
appears from the charters still preserved. 

King William the Lion confirmed to this second Bobert Bruce of 
Annandale all the land which his father and himself held in the dale of 
Annan by the same marches by which his father held it, and he after his 
father, to himself and his heirs in fee and heritage, as freely as ever his 



Xti INTRODUCTION. 

father or he himself held that land of King David, the grandfather of 
King William, or of King Malcolm his brother. That confirmation charter 
excepted the rights of the king's royalty, which are enumerated as causes 
of treasure trove, murder, assault aforethought, rape, arson, robbery, which 
are reserved to the king. King William also granted to Bruce that these 
causes should be brought into court by one of the men of his fief to be 
chosen by the king, and pleaded before his justices. The grantee is to take 
the like customs as are exacted at Roxburgh, except the assize of his barony. 
That charter bears no date, but it must have been granted between 1165, 
when King William succeeded his brother King Malcolm, and 1191, when 
Kobert Bruce the son of the grantee is proved to have been dead. The 
confirmation of King William now recited bears to have been granted at 
" Locmaban." 1 



CHARTERS BY THE BRUCES OF ANNANDALE. 
William de Bruce, the fourth of Annandale. 

The Christian name of Robert prevailed so much in the Bruce family as 
to be almost hereditary in the eight generations which existed between the 
father of the Robert Bruce, first of Annandale, and his descendant Robert 
Bruce of Annandale and King of Scotland. The fourth Lord of Annandale 
appears to have been on the same terms of intimacy with King William 
as had subsisted between King David and the first Bruce of Annandale. 
William Bruce granted several charters of lands in Annandale, which are 
printed in this work. 

The fifth Bruce of Annandale was Robert, who succeeded his father 
William Bruce. Robert married the Princess Isabel, second daughter of 
David, Earl of Huntingdon, younger brother of King William the Lion. 

1 National mss. of Scotland, Part I. 1868, No. xxxix. 




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CHARTERS BY THE BRUCES OF ANN AND ALE. XUl 

This royal marriage ultimately led to the descendant of the Braces becoming 
King of Scotland. 

The sixth Bruce of Annandale was Eobert, who was the eldest son and 
successor of Ids father Eobert and the Princess Isabel his wife. In the year 
1249-50 he was one of the Lords Justices of the common pleas of England. 
At first sight such a position indicates incompatibility with the ownership 
of Annandale. But the connections of the Braces with England were from 
the first fully more prominent than with Scotland. The Lord Justice was 
afterwards made Sheriff of Cumberland and Governor of Carlisle, and in the 
following year, 1255, he was made one of the Begents of Scotland. He sat 
in the parliament at Brigham on 18th July 1290 as Loud of Annandale. 
On the death of Margaret of Norway in the same year, Bruce entered his 
claim to the crown of Scotland as nearest heir to King Alexander the Third. 
But his claim was repelled by King Edward the First on 17th November 
1292. This Eobert Bruce is best known in history as the Competitor. 
He resigned his right in favour of his son Eobert Brace, who had become 
Earl of Carrick, and died at his castle of Lochmaben in 1295, aged 85. 

There are several charters of special interest granted by the Braces. 
The charter by Eobert de Bruce in favour of Ivo and his heirs appears 
as the foundation charter of the family of Kirkpatrick. The charter 
bears no date, but, from the names of the witnesses, it must have been 
granted about the year 1190 by the second Eobert Bruce of Annandale. 
It is very brief, as will be seen from an exact facsimile here introduced. 1 
The third charter is by William Bruce, either the son or the brother of 
Eobert Brace, the granter of the charter to Ivo. Like the first charter, this 
one bears no date ; but, from the names of the witnesses mentioned in it, 
it was probably granted between the years 1194 and 1214. But while in 
the first charter Ivo is designated simply by his Christian name, he is in the 
second charter designated " Ivo of Kirkpatrick." 2 This is an instance of a 

1 Charter printed p. 1 of this volume. 2 Ibid. pp. 2, 3 of this volume. 



XtO INTRODUCTION. 

person in the twelfth century, having only a Christian and no surname, taking 
a surname in addition to his Christian name from lands acquired by him and 
transmitting the surname to his successors. 1 

Another of the Bruce charters is granted by Eobert Bruce to Eoger Crispin 
of the land of Cnoculeran. This charter is not dated, but was probably 
granted between the years 1215, when the granter succeeded to his father, 
William Bruce, and when Eobert himself died in 1245. The two seals of the 
granter are still appended to the charter, both bearing the well-known saltire 
of the Bruce, and the lion passant in chief. Drawings of both these seals are 
given on the back of the lithograph of the charter. The ink in which that 
charter is written is even yet, after the lapse of six centuries, as clear and 
glossy as when it was originally engrossed. This will be seen from the 
facsimile here introduced. The charter is printed in this volume. 

Eobert Bruce, Earl of Caruick, father of King Eobert. 

Eobert Bruce, the seventh Lord of Annandale, augmented his territorial 
possessions by a romantic marriage with Marjory, 2 Countess of Carrick in 
her own right. The marriage took place in 1271. Obscurity hangs over that 
marriage as well as the inheritance of the dignity of Earl of Carrick. The 
countess appears to have been recognised as owner of the earldom. But no 
patent of the peerage is known to exist, and the terms of the limitations are 
not in any known record. After his marriage Bruce appears as Earl of 

1 The Christian name of Ivo was continued uncle, and the heirs-male of his body, whom 

in the Kirkpatrick family for many genera- failing to Stephen of Kirkpatrick, son of Yvo, 

tions. In a charter by Robert, Duke of and the heirs-male of his body and other 

Albany, governor of Scotland, to Sir Thomas heirs (Reg. Mag. Sig. , voL i. p. 240, No. 

Kirkpatrick, knight, of the lands of Kyllos- 46). 

burne and others in the shire of Dumfries, on 2 This lady is also referred to as Margaret 

his own resignation, the lands were provided and Martha. But the evidence supports 

to Sir Thomas and Roger of Kirkpatrick, his Marjory, and it may have been in remem- 

brother, and the heirs-male of their bodies, brance of her that King Robert called his 

whom failing to Yvo of Kirkpatrick, his eldest daughter Marjory. 



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ROBERT BRUCE, EARL OF CARRICK AND LORD OF ANNAN DALE. JCD 

Carrick. But whether he was so styled in virtue of the courtesy in his 
wife's title, or under a new creation in his own right, does not appear. Of 
that marriage were born twelve children, five sons and seven daughters. The 
daughters and their marriages are stated by Mrs. dimming Bruce in her recent 
work, " The Braces and the Cumyns." A question has often been raised 
as to the birthplace of King Bobert the Bruce. Some writers contend for 
Lochmaben Castle. But as his father and mother lived at the castle of Turn- 
bery in Carrick, where the Countess's numerous family of sons and daughters 
appear to have been born, the probability is that the king was also born there. 1 

A charter was granted by the seventh Lord of Annandale, also under 
the title of Bobert Bruce, Earl of Carrick and Lord of Annandale, to Sir 
William of Carlyle, knight, of a piece of land for the increase of the land 
of Kynemund, which is minutely described. 2 

Another charter was granted by " Bobertus de Brays, comes de Carrik, 
et dominus Vallis Anandie," to Alexander de Kethe, of the granter's tenement 
in Langforgrund. The charter bears no date. The granter's seal is still 
appended and entire. The shield bears the Brace saltire and a chief. These 
were the armorial bearings of the Braces before the marriage with the 
Countess of Carrick. Bruce took the name and style of Earl of Carrick; 
but he continued to carry his own arms without any addition or impaling 
those of his wife. The legend reads " S. Boberti de Brvs." 3 This charter has 
been lithographed for this work and is here introduced. It is printed at 
length in the Appendix along with a translation. The handwriting is a very 
favourable specimen of a charter of the thirteenth century. 

The eighth Bruce of Annandale was the most renowned and illustrious 
of them all, the hero of Bannockburn, Bobert the First, King of Scotland; and 
among the numerous charters granted by him to his successful comrade in 

1 Mrs. Cumming Bruce unhesitatingly bears no date, but it must have been granted 
states that Robert Bruce was born at Turn- after 1271, the date of the marriage of the 
bery Castle on 1 1th .Tuly 1274, p. 125. granter and the Countess of Carrick. 

2 Charter in this volume, p. 7. The charter 3 Original charter at Glamis Castle. 

3 



Ttii INTRODUCTION. 

arms, James, Lord of Douglas, knight, was one of the whole land of Polbuthy 
[Polmoodie], within the vale of Moffat. The land was to be held by the 
grantee and his heirs of the Icing and his heirs for rendering twelve broad 
arrows yearly. The charter bears date at Abirbrothoc, 15th December 1318. 

The original charter is still preserved in the Douglas charter-chest, and 
by the kind permission of the Earl of Home, Baron Douglas of Douglas, a 
lithograph of it is here introduced. The charter itself is also printed. 1 

Polbuthy forms part of the extensive Annandale estates, and contains 
the highest mountain range in the south of Scotland. 



Randolph provided to Annandale by his uncle King Robert Bruce. 

Sir Thomas Randolph was the nephew of King Robert Bruce, being the 
only son of Lady Isabel Bruce, eldest daughter of Robert Bruce, Earl of 
Carrick, and sister of the king. Randolph inherited the martial spirit of 
the Bruces. He rendered great assistance to Bruce at Bannockburn, and the 
king rewarded him with a grant of the Bruce lordship of Annandale, as well 
as of the lordship of Man and the great earldom of Moray. Randolph there- 
after bore the dignities of Earl of Moray and Lord of Annandale and Man. 
In all the charters granted by him he places Annandale before Man. 
His only daughter, Lady Agnes, married Patrick, ninth Earl of Dunbar and 
March. She is known as " Black Agnes of Dunbar," by reason, as Pitscottie 
says, she was " black-skinned." This woman, he adds, was of greater spirit 
than became a woman to be. She is also known as the heroine who success- 
fully defended the castle of Dunbar when it was besieged for many months 
by the English in 1337. An arrow from one of the Scottish archers killed 
an English officer who was beside the Earl of Salisbury, one of the besiegers, 
and killed him on the spot. Salisbury exclaimed, " There comes one of my 
lady's tire pins ; Agnes's love shafts go straight to the heart." 2 

1 Page 8 of this volume. 2 Tytler, vol. i. p. 428. 









cr 



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tail 




aft f»£^afB!£%.9fi«ttl)v£M St jLfe/U 



EARLS OF MARCH, LORDS OF ANNANDALE. Vull 

George, tenth Earl of Dunbar and March, eldest son of Patrick, the ninth 
earl and Lady Agnes Eandolph, was much disappointed that after his 
youngest sister Lady Elizabeth Dunbar had been betrothed to David, Duke 
of Rothesay, in the year 1399, the marriage was frustrated by Archibald, 
third Earl of Douglas. He was powerful enough to have the marriage of 
Rothesay celebrated with Mary, otherwise sometimes styled Marjory Douglas, 
his daughter, in February 1400. The Earl of Dunbar and March complained to 
King Henry the Fourth by letter, dated, at his castle of Dunbar, 18th February 
1400, of the wrong done to him, and renounced his allegiance to the King of 
Scotland. The Earl of Dunbar and March subsequently made hostile inroads 
into Scotland, and, after several years, negotiated with the regent, Duke of 
Albany, for liberty to return home. During the absence of the Earl of 
Dunbar and March, from 1400 till 1409, Archibald, fourth Earl of Douglas, 
obtained possession of the lordship of Dunbar and the estates of the earldom 
of March, as well as the lordship of Annandale. Being possessed of these 
territories, Douglas declined to agree to the restoration of March unless he 
obtained the castle of Lochmaben and the lordship of Annandale, in lieu of the 
castle of Dunbar and the earldom of March. Following out that arrangement, 
a charter was granted by the regent, Duke of Albany, at Haddington, on 2d 
October 1409, to his cousin Archibald, Earl of Douglas and Lord of Galloway, 
of the lordship of Annandale. The charter narrates that the fee of the lord- 
ship of Annandale belonged to George of Dunbar, son and heir of George, Earl 
of March, and that George the son and George the earl resigned the fee and 
frank-tenement at Haddington in presence of most part of the lords and barons 
of the kingdom. The lordship of Annandale was to be held by the Earl of 
Douglas and the heirs-male of his body, whom failing, by the Earl of March 
and his nearest lawful heirs whomsoever. 1 

The lordship of Annandale appears to have been enjoyed by Black Agnes 
as part of the inheritance of her father, the renowned regent, and her brother 
1 Registrum Magni Sigilli, vol. i. p. 241, No. 4.". 



XMiH INTRODUCTION. 

John, Eail of Moray, his son. King David the Second, however, was in pos- 
session of the lordship of Annandale in the year 1361, when, on the 10th 
December of that year, he granted a charter at Mouswald to John Carruthers. 
The attestation of the charter bears that the granter's'seal of the lordship of 
Annandale was appended to the charter. 1 King David the Second, as Lord 
of Annandale, had thus a special seal which he used for all grants of lands 
applicable to that lordship. The son of Lady Agnes of Dunbar, George, 
tenth Earl of Dunbar and March, under the additional designation "Dominus 
vallis Anandie et Mannie," granted a charter in 1375 to which is appended 
his special seal applicable to Annandale. 2 

When the Douglas family were in possession of the lordship of Annan- 
dale, they quartered the Douglas arms with the arms of Annandale as used 
in the time of the Braces, but without the lion passant in chief. The Princess 
Margaret Stewart, eldest daughter of Kiug Robert the Third, survived her 
husband, the first Duke of Touraine. The duchess was also styled Lady 
of Annandale in a crown charter dated 3d May 1426. Her armorial seal 
quartered the arms of Annandale with those of Touraine and Douglas. 
Soon after the Earl of Douglas obtained the formal grant of the lordship 
of Annandale in 1409, he, by charter dated 8th February of that year, granted 
to Sir Herbert Maxwell the office of steward of Annandale. That office, with 
the separate one of warden of the marches, led chiefly to the long feuds 
between the Maxwells and the Johustoues. 

The lordship of Annandale continued to be enjoyed by the Douglases 
from the time of Archibald, the fourth earl, in 1400, till the death without 
male heirs of his body of William, sixth Earl of Douglas, in 1440, when, 
George, eleventh Earl of March, to whom it would have devolved in terms 
of the limitation in the grant of 1409, being under sentence of forfeiture, 
it passed to the crown. 

1 Appendix to Sixth Report to the Commissioners on Historical Manuscripts, pp. 709, 710. 
- Ibid. p. 710. 



ARMS OF THE DOUGLASES AS LORDS OF ANNANDALE. 



rue 



During the possession of Aimandale by the Douglases they quartered the 
Bruce arms of Annandale with their own. Three of the armorial seals of 
the Douglases as Dukes of Touraine are here introduced to show the form in 
which the Annandale sal tire and chief were quartered. 




2. — Seal of Archibald, first Duke of Touraine, 
Earl of Douglas, Lord of Galloway and 
Annandale. 





3. — Seal of Archibald, second Duke of 
Touraine, Earl of Douglas, etc., Lord 
of Lauder and Annandale. 



1. — Seal of Princess Margaret Stewart, Duchess 
of Touraine, Countess of Douglas, Lady of 
Galloway and Annandale. 



XX INTRODUCTION. 

Edward Bruce, Earl of Caruick and King of Ireland. 

On liis succession to the crown of Scotland, King Eobert the Bruce 
showed great generosity in providing large territories to his relatives and 
friends who had assisted him in his long-sustained struggles for the crown. 
"We have seen that he provided to his nephew Randolph the lordships of 
Annandale and Man, and also the great earldom of Moray. The king also 
provided the ancient earldom of Carrick to his brother Edward Bruce, who 
thereafter became Earl of Carrick. Being of the warlike spirit of his race, 
the Irish of Ulster, when in their troubles, invited him to come to their aid 
and assistance, and also acknowledged him as their sovereign. He landed at 
Carrick- Feigns on 25th May 1315, and was solemnly crowned King of 
Ireland 2d May 1316. But he did not enjoy the kingdom long, having 
fallen at the battle of Dundalk on 5th October 1318. During the two years 
in which Edward Bruce was King of Ireland, he granted, under the style and 
title of " Edwardus Dei gratia Rex Hibernie," to John of Carlton, the land of 
Dalmakeran and others. Those formed part of the earldom of Carrick. The 
reddendo was "yearly three sufficient spears on Christmas day at the head 
manor of Turnbery, and three suits yearly at the granter's court at Girvan. 
That charter was confirmed by King Robert the Bruce at Scone on 6th July, 
eighteenth year of his reign (1324). The original confirmation charter is in 
the charter-uhest of Sir Reginald Cathcart of Carlton, Baronet, by whose 
permission a facsimile is here introduced. The original is printed in the 
Appendix to this volume, along with a translation. 

Edward Bruce, Earl of Carrick and King of Ireland, left no legitimate 
issue. But his three sons, Robert, Alexander, and Thomas, were successively 
styled Earls of Carrick. Thomas died without issue, when the earldom of 
Carrick reverted to the crown. 

Alexander Stewart, Earl of March and Lord of Annandale, second son of 
King James the Second, was made Warden of the March by an act of parlia- 



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DUKE OF ARGYLL ON BREVITY OF EARLY CHARTERS. XXI 

nient passed on 4th August 1455. 1 He was afterwards created Duke of 
Albany. But having subsequently declared war against his brother King 
James the Third, and assumed the royal style of " Alexander, King of Scot- 
land," his peerages and landed estates were, by act of parliament passed on 
1st October 1487, annexed to the crown.' 2 

The Duke of Argyll on the brevity of early Charters. 

In his interesting and valuable work, " Scotland as it Was and as it Is," 
the Duke of Argyll enters on the question of " The Age of Charters " in the 
second chapter. In his researches his Grace was struck, as most charter 
scholars have been, by the brevity of the early charters in comparison with the 
verbosity of later writs. " Bits of parchment," the duke says, " one inch in 
breadth, and a very few inches in length, were enough to convey great earldoms 
and baronies in the days of David I. Eleven lines on a small parchment con- 
ferred the whole of Annaudale upon an ancestor of King Bubert the Bruce." 3 
The brevity of early charters, however, is not without exception. Thus, the 
second charter, printed in this work, by William Bruce, fourth of Annaudale, 
to Adam of Carlyle, son of Bobert, of the lands of Kinmont, contains thirty- 
seven lines of print, and gives a minute and extensive description of the 
marches of the lands. This charter is dated between 1194 and 1214. Several 
of the other early charters here printed also contain minute descriptions of 
the boundaries of the lands conveyed. 

His Grace of Argyll is himself possessed of one of the largest parchment 
charters in Scotland. It was granted by King Charles the Second to Archi- 
bald, ninth Earl of Argyll, and is dated 15th October 1667. It contains the 
whole earldom of Argyll. So minute is the description of the extensive High- 

1 Acta of the Parliaments of Scotland, splinter of a lance at a tournament, and he 
vol. ii. p. 43. was interred in the Celestins in Paris. 

2 Und. pp. 179, 180. Previous to the pass- 
ing of that act, the Duke of Albany was 3 " Scotland as it Was and as it Is," vol. i. 
accidentally killed at Paris in 14S5 by the pp. 52, 53. 



XXii INTRODUCTION. 

land earldom that the parchment on which the charter is engrossed measures 
in length five feet one inch, and in breadth four feet three inches, giving a 
surface of nearly twenty-two square feet. The charter contains two hundred 
and thirty-seven lines, and every line, taking an average, contains one hundred 
and three words, which gives a total of words in the charter of twenty-four 
thousand four hundred and eleven words. 

UPPER ANNANDALE. 

The district of Upper Annandale forms an important and interesting part 
of Dumfriesshire. The hills and dales, which are characteristic features, 
give to this portion of the dale a diversified beauty, and even grandeur, which 
have not failed to attract the attention and to engage the pen both of the poet 
and of the romancer. The district includes the three dales of Annan, Moffat, 
and Evan, so named after the three waters whose channels they respectively 
follow. Annandale traverses the central portion of Dumfriesshire from 
north to south, while Moffatdale flanks it on the east, and Evandale on the 
west, the three dales in their course being almost parallel to each other. 

The lands of Moffatdale and Evandale were long a Hemes and Maxwell 
possession. King James the Second granted to David Heris of Trareglis and 
Margaret Creichtoune, daughter of Eobert Creichtoune of Sanquhar, knight, 
forty merklands in Avandale and four merklands in Hutton, which John 
Heris, father of the grantee, resigned in the hands of the king as tutor 
and governor to his son Alexander, Duke of Albany, Earl of March, and 
Lord of Annandale. 1 It appears from this charter that John Herries was the 
first possessor of Evandale of the family of Herries. The king, in appointing 
Herbert Herries as curator to John Herries, excepted from his charge a forty 
pound land to be given to David the son. 2 In 1464 he witnesses a charter 
as Sir David Heris of Avandale. 3 

1 Dated 20th July 1459, Register of the Great Seal, vol. ii. No. 734. 

2 24th January 1458-9, ibid. No. 668. 3 21st October, ibid. No. S16. 



MOFFATDALE AND EVANDALE. XXlll 

At a later date Moffatdale came into the possession of the Herries family. 
King James the Third granted a charter to Henry, son of James of Douglas, 
lord of Dalkeith, and to Margaret Douglas, his spouse, of the lands of 
Moffatdale and others. 1 By the year 1486 they had come into the pos- 
session of the Herries family ; for the same king in that year granted a 
charter to Herbert Herries, son and apparent heir of David Herries of 
Terreglis, of the lands of Moffatdale, Avindale, and others. 2 

In the time of William, third Lord Herries, the lands of Moffatdale and 
Evandale, -which had previously been included in the Barony of Herries, 
were erected into a barony called the Barony of Moffatdale and Evandale. 
This must have taken place in or prior to 1550, at which date the barony of 
Moffatdale and Evandale is mentioned in a precept from the chancery of 
Queen Mary, and it gives an importance to the lands at this early period. 3 

By the marriage, in 1547, of the Herries co-heiress, Agnes, eldest 
daughter of William, third Lord Herries, to Sir John Maxwell, second son 
of Eobert, fifth Lord Maxwell, the Herries estates, including the lands of 
Moffatdale and Evandale, passed into the possession of Sir John Maxwell, 
who in 1566 was created Lord Herries. 4 The lands of Moffatdale and Evan- 
dale continued after this to form a part of the Herries and Maxwell estates 
for upwards of sixty years, when the tenure of them by the Herries family 
ceased, and they were added to the Johnstone estates. 

In the year 1629 the lands and barony of Moffatdale and Evandale were" 
purchased by James Johnstone, afterwards first Earl of Hartfell, from John 
Maxwell, Lord Herries, and his son John, Master of Herries, for 27,000 
merks. The sale is described in the Memoir of the earl. 5 

1 Crown Charter, dated 3rd September ments, p. 159, No. 86.] 

1473. [Register of the Great Seal, vol. ii. 4 He received a third part of the extensive 

No. 1138.] Herries estates by his wife, and he acquired 

2 1st June 14S6, ibid. No. 1654. the remaining two-thirds from the other co- 

3 13th February 1550. [Inventories of heiresses, the two younger sisters of Agnes, 
the Maxwell, Herries, and Nithsdale Muni- 6 P. clxxv. of this volume, 



JCtlt) INTRODUCTION. 

The remaining dale is that of Annan. This territory continued, as 
already stated, in possession of the families of Bruce, Eandolph, March and 
Douglas, till the year 1440, when it lapsed to the crown. Thereafter the 
lordship of Annandale was administered by officers of the crown, until it 
was bestowed, along with the earldom of March, upon Alexander, second son 
of King James the Second, and afterwards Duke of Albany, on or before 
4th August 1455, when the gift to him of the lordship of Annandale is 
mentioned. 1 Upon the subsequent forfeiture of the Duke of Albany, the 
lordship of Annandale and the castle of Lochmaben were annexed to the 
crown, by act of parliament, and again administered by royal officials. 2 

The office of steward of Annandale was held under the crown by the 
family of Maxwell, in the same manner as they had previously held it under 
the Douglases. 3 They continued to hold it till it was forfeited with the 
estates by the attainder of John, ninth Lord Maxwell, in the year 1608. 
After being some years in the hands of the crown, King James the Sixth 
conferred the heritable office of steward of Annandale upon John Murray of 
Lochmaben, afterwards raised to the peerage by the style of Earl of Annan- 
dale. 4 On the failure of his heirs the office of heritable steward of Annandale, 
along with the title of Earl, was conferred by King Charles the Second on 
James Johnstone, Earl of Annandale and Hartfell. 5 The courts of the 
stewartry were held at Lochmaben. For the same period the Johnstone 
chiefs were lords of the regality of Moffat, holding their regality courts at 
Moffat. 6 On the passing of the act of parliament for the abolition of heri- 
table jurisdictions in the year 1747, George, third Marquis of Annandale, 
was allowed £2200 for the stewartry of Annandale, and for the regality of 
Moffat £800, in all £3000 sterling in full of his claim for £11,000. 

1 Acts of the Parliaments of Scotland, of Scotland, vol. iv. pp. 664, 665. 

vol. ii. p. 43. 5 23rd April 1662, Annandale Peerage, 

2 1st October 1487. Ibid. p. 179. Minutes of Evidence, 1844, pp. 1166, 1167. 

3 Exchequer Polls, vol. xi. pp. 340*, 341*. G Annandale Peerage, Minutes of Evidence, 

4 4th March 1617, Acts of the Parliaments 1876, p. 103. 



VISITORS AT MOFFAT WELLS. JTJCti 

Situated within the regality just mentioned is Moffat Spa, described in 
the Memoir of James, Earl of Annandale and Hartfell. The medicinal well 
at the spa has maintained its celebrity since its discovery, variously said to 
be in 1633 and 1653. Attracting visitors to its waters for so long a period, 
it has become the scene of many interesting associations. An order was 
issued, signed by General Monck and otber three of Cromwell's council in 
Scotland, for a grant of £25 sterling from the vacant stipends of the parishes 
of Moffat and Kirkpatrick-juxta to improve the well and enclose it with 
a wall. 1 The healing virtues of the well at the time are shown in the case 
of Lady Mary Scott, the youthful Countess of Buccleucb. She visited the 
well in search of health under the advice of no less than ten physicians and 
surgeons, met in consultation about her case. 2 

Several of the annual visitors to the spa about a century later are also 
named in this volume. 3 One of these, Thomas Graham of Balgowan, after- 
wards Lord Lynedoch, was a Johnstone by descent on his mother's side, 
being the grandson of Lady Henrietta Johnstone, countess of the first Earl 
of Hopetoun. 4 James Macpherson, of Ossian fame, while acting as tutor to 
Graham at Moffat House, commenced his translations there which brought 
him celebrity. John Home, the author of " Douglas," and David Hume were 
also visitors at the spa. 

About four miles from Moffat, on the old Edinburgh road, in the parish 

1 P. coxxii of this volume. doch in 1785. After the death of his wife 

2 p ccxx ; ibid he entered the military profession. He 

raised the 90th Regiment, and took a leading 

3 Pp. cccxxxv, eccxxxvi, ibid. part in most o£ the Pen j nsu i ar War . H e 

4 Thomas Graham succeeded to the estate defeated the French at Barossa in 1811. He 
of Balgowan on the death of his father in was the bearer of the insignia of the Order 
1707. James, third Earl of Hopetoun, and of the Garter to Wellington in 1813. He 
his cousin Thomas Graham were extremely was made a peer under the title of Lord 
like each other in personal appearance. Lynedoch, with a pension of £2000, at the 
Graham married the Hon. Mary Cathcart, close of the war in 1S14. He died in De- 
whose portrait by Gainsborough is so much cember 1843, without issue, when his peer- 
admired. He acquired the estate of Lyne- age became extinct. 



XfOi INTRODUCTION. 

of Moffat and dale of Annan, is Ericstane, the property of Mr. Hope John- 
stone, frequently called Brae foot, from being at the foot of the brae or hill of 
Ericstane. The lands of the farm of Ericstane extend from the farmhouse, a 
distance of about two miles, to the popularly called " Deil's Beef Tub." The 
old Edinburgh road crosses the Annan opposite the farmhouse, and then 
ascends the brae or hill. The new Edinburgh road, formed in continuation 
of the old one, passes close to the brink of the precipice of the Tub at the 
highest part of Ericstane. The bottom of the Tub can be seen from the road. 
Meikleholmside farmhouse, which also, with the farm, belongs to Mr. Hope 
Johnstone, bounds the farm of Ericstane on the south. The height of the 
Tub from the bottom to the south side of the old Edinburgh road is about 
one hundred and fifty yards. On the northern side the Tub is both higher 
and steeper, and one hundred and seventy yards is about the average height 
all round. 

The Tub is described in Bedgauntlet by Sir Walter Scott, who says, " It 
looks as if four hills were laying their heads together to shut out daylight 
from the dark hollow space between them." 1 It was formerly used by the 
Johnstones for penning sheep. In this connection it received the name 
applied to it by Sir Walter Scott and others of " The Marquis's Beef stand," 
or " The Beef stand of the Johnstones." The Tub is open only on the south- 
east side for access for cattle for about a third of its whole circumference. 

1 Tales and Romances of the Author of bottom without being killed. But this would 

Waverley, 1833, vol. iii. p. 201. Sir Walter be impossible on the rocky portions. It may 

narrates the incident of Mr. Maxwell of be mentioned here in connection with the 

Summertrees escaping from an armed escort Dairsie Latimer who figures so largely in 

in 1745, when on his way to Carlisle for trial Redgauntlet, that in the Inventory of Annan- 

as one of the Jacobites, by flinging his plaid dale writs there is mention of " a laird 

around him and throwing himself on his side Latimer " who held property near Eccle- 

and rolling downwards to the bottom of the fechan. Mr. Maxwell of Summertrees is a 

Tub, and so getting clear away. With refer- mere myth created by Sir Walter in place of 

ence to this story, it may be pointed out the real person of the name of MaeEwen or 

that certain parts of the Tub, particularly on MacMillan, whom Sir Walter once saw in 

the south, are covered with long grass, and it his youth. [Redgauntlet, Border edition, 

is possible that a person might roll to the vol. ii. p. 343.] 



CORRIFIN AND THE GREY MARE'S TAIL. XXftU 

At the top of Ericsfcane hill, at the northern point of the head of the Tub, 
the Annan takes its rise out of open ditch water. About a mile north-east 
of the Annan is the source of the Tweed in springs or open ditch water. The 
Tweed falls in the opposite side of the hill from the Annan. The rivers 
Clyde and Evan rise respectively about a mile west of the Annan in 
Lanarkshire, the former flowing from its source northwards and the latter 
southwards. 

The old mansion-house of Corehead, now belonging to Mr. Younger, stands 
on the east side of the Tub and at the foot of that part of it known as Core- 
head hill. The adjacent property to the east is Newton, which includes part 
of Hartfell Hill, lately acquired by Mr. Younger from the Duke of Buccleuch. 
Next to Newton, still to the east, is the great Hartfell Hill which as a part 
of Cappelgill in Moffatdale belongs to Mr. Hope Johnstone. The mountain 
known as Saddle Yoke also forms part of Cappelgill. The south and east 
portions of Hartfell, belonging to Mr. Hope Johnstone, form the furthest 
points north and west of Cappelgill. Corrifin is to the north of Cappelgill, 
and is the furthest north property on the Annandale estates. Corrifin is the 
proper spelling of the place, as shown by the ancient writs, and not Cor- 
rifferan, as in the Ordnance Survey and in modern use. It is bounded by 
Peeblesshire. Polmoodie lies to the north-east of Corrifin, 

" Where wild Polmoody's mountains tower, 
Full many a wight their vigils keep ; " 2 

and Loch Skene and the Grey Mare's Tail are both on that part of Polmoodie 
called Birkhill, 

" Where, deep deep down, and far within, 

Toils with the rocks the roaring linn ; 

Then, issuing forth, one foamy wave, 

And wheeling round the Giant's Grave, 

White as the snowy charger's tail 

Drives down the pass of Moffatdale." 2 

2 Scott's " Marniion, " Canto Second, Introduction. 



JCjCtJUi INTRODUCTION. 

Birkhill farm, next Polmoodie, is the furthest property on the Annandale 
estates to the north-east in the county of Dumfries. The White Coomb hill 
is, for the greater part of it, a portion of Polmoodie. 1 

Meikle Corrifin belonged to a family named Moffat. John Moffat left 
three daughters co-heiresses of his estate. John Johnstone of Johnstone 
bought her third from Janet Moffat in 1543. The rest of Corrifin, after 
passing through the hands of Johnstone of Eaecleuch, Philip Scott of Dry- 
hope and others, was bought by James Johnstone of Johnstone from Dr. 
Theodore Hay for the sum of 4500 merks. 2 

Little Corrifane, or as it was sometimes called Corriffholm, was sold 
under reversion by John, Lord Hemes, to James Johnstone, for a feu-farm of 
£3 Scots yearly, "at two terms, together with the said James Johnstone 
his personal service against all mortals except the king and the laird of 
Johnstone his chief allenarly, and specially serving the said lord once in the 
year to the burgh of Edinburgh upon horseback, upon his own expences, if 
required." 3 

The district of Upper Annandale has many interesting associations. In 
the wild and rocky recesses of the mountains of Moffatdale, just described, 
many of the covenanters found a secure hiding place in the times of persecution 
under Charles the Second and James the Seventh, while many others falling 
into the hands of Claverhouse and his dragoons were mercilessly shot and 
buried where they fell. Moffatdale abounds with incidents of the twenty- 
eight years' persecution. Both Sir a Walter Scott and James Hogg, the Ettrick 

1 In Sir Walter Scott's "Abbot," vol. i. p. is entered as of the yearly value of £925 

256, reference is made to the Scaurs of Pol- sterling ; and Capelgill and Corrifferan of the 

moodie for falcon's nests. * Dob's Linn on the value of £1350 sterling yearly, 

wild heights of Polmoodie is described by 2 19th and 29th December 162S. [An- 

both Scott and Hogg [Waverley Novels, nandale Inventory.] 

vol. xi. p. 114]. To show the size of the 3 4th September 1620. The lands were 

farms under review, it may be noticed that redeemed by James, Lord Johnstone, 23rd 

in the valuation roll of the shire of Dumfries April and 12th May 1635. [Annaudale 

for the year 1871-2, the farm of Polmoodie Inventory.] 



THE TWO CARRUTHERS HEIRESSES OF MOUSWALD. XXIX 

Shepherd, have made the places in Moffatdale and Annandale, and the stirring 
incidents of these times connected with them, occupy a large space in their 
romances and poetry. Eeferring to Claverhouse and his famous charger, 
Sir Walter mentions the tradition that the horse was so fleet and its rider so 
expert that they outstripped and cotecl or turned a hare upon the Bran Law 
near the head of Moffat water, " where," he says, " no merely earthly horse 
could keep its feet or merely mortal rider could keep the saddle." 1 In his 
Brownie of Bodsbeck, Hogg, for the benefit of the credulous, alleges that the 
mark of the feet of the courser of Claverhouse is still shown on a steep 
nearly perpendicular, below the Bubbly Craig, along which its rider is said 
to have ridden at full speed to keep sight of a party of the flying covenanters. 2 
Craigieburn in Moffatdale is celebrated in Hogg's Mountain Bard in " Mess 
John," in which figures " The Bonny Lass of Craigyburn." And the Evan 
Water is the subject of Wordsworth's sonnet entitled " Avon Water." 

The two Caeeuthebs heiresses of Mouswald and Logan tenement oe 
pocobnal, etc., in annandale. 

Recent visits to Annandale have reminded the writer of these pages of a 
former visit which he made there nearly half a century ago. That visit had 
special reference to a legal question then depending in the Court of Session, 
between his Grace, the late Duke of Buccleuch and Queeusberry, K.Gr., as 
proprietor of the lands of Pocornal or Logan tenement, including Woodfoot, 
and the late Mr. Hope Johnstone of Annandale, as patron of the parisli 
of Moffat. The question arose in the locality of the stipend of the minister 
of that parish. The writer had then the honour to be one of the law 
agents of his Grace, and in that capacity it was his duty to investigate the 
question at issue, which had reference to the valuation of the teinds of his 

1 Redgauntlet, Waverley Novels, Ed. 1830, vol. x. p. 141. 

2 Hogg's Brownie of Bodsbeck, chapter ix. 



XXX INTRODUCTION. 

Grace's lands. The result of these investigations was stated by him in the 
legal process in a paper entitled " Eevised objections for his Grace to the 
scheme printed in the locality of Moffat in 1852." That legal document 
disclosed a very interesting chapter in the history of two heiresses of 
Carruthers or Mouswald, a barony in Annandale, ending in the tragic death 
of the younger of them on 25th September [1564]. 

Simon Carruthers of Mouswald at his death, circa 1548, left no son, but 
two daughters, Janet and Marion, who were judicially acknowledged co- 
heiresses of Mouswald. Immediately on the death of their father, or on 13th 
August 1548, Queen Mary granted to Sir James Douglas of Drumlanrig the 
ward and marriage of these youthful co-heiresses. Their mother was a 
sister of Charles Murray of Cockpool, who was an influential proprietor in 
Annandale. He appears to have been jealous of the gift of the ward and 
marriage of his two nieces having been bestowed by Queen Mary on his 
neighbour, Sir James Douglas. The laird of Cockpool set himself to thwart 
the benefit of the gift to Douglas, at least in reference to the younger of the 
co-heiresses, and she ended her life by committing suicide while residing 
with him at his castle of Cumlongan. 

When Sir James Douglas received the gift of the ward and marriage of 
the two daughters of Simon Carruthers they were barred from succeeding 
to their paternal landed inheritance by an entail. Acting in their interests, 
Sir James, at his own expense, procured the reduction of the entail. He 
also made payment of £2000 to John Carruthers, who claimed to be heir of 
entail to Simon Carruthers. By these means he secured them in their suc- 
cession to their father's estates. The gift of their ward and marriage had 
cost him £1000, and he had for about twelve years sustained them in food, 
clothing, and other necessaries. The estate of Mouswald, to which they were 
now the heiresses, had not been a very profitable one to Simon Carruthers, 
their father. It was situated in " sa troublus " and " sa brokin ane cuntre," 
that " the maist part was ewthir reft and withhaldin fra him or laid waist." 



MARION CARRUTHERS, HEIRESS OF MOTJSWALD. XXXI 

In these circumstances, holding as he did that his wards " culd neuir haue 
broukit " their " awin leving peciabillie," Sir James Douglas, following out 
his legal rights under the royal gift by Queen Mary, entered into a contract 
with Janet Carruthers, the elder of the co-heiresses. As arranged by that 
contract, Janet married Thomas Eoresoun of Bardannoch. Sir James Douglas 
engaged to obtain infeftment of conjunct fee to Thomas and her, and the 
survivor of them and their heirs, in the £5 land of Drumragane, in the 
parish of Glencairn. 1 Thomas Eoreson received with Janet Carruthers 
the sum of one thousand merks in name of tocher by Sir James 
Douglas, who also provided the heiress and her husband and their 
servants in sustenance for the space of two years. In return for these 
advantages conferred on her by Sir James Douglas, Janet disponed to 
him her half of the lands and barony of Mouswald. The charter granting 
these lands to Sir James Douglas was confirmed by Queen Mary on 8th 
January 1562. 

After thus providing for the marriage and settlement in life of Janet, the 
elder co-heiress, Sir James Douglas next proposed a similar arrangement for 
Marion, the younger sister. But she did not follow the example of her 
sister, and refused the husband who was proposed to her. She also announced 
her intention to marry whomsoever she pleased, and to dispose of her right 
in Mouswald as she saw fit. Lest she should carry out her intentions, Sir 
James Douglas, on 29th January 1562, raised letters of inhibition to protect 
his legal rights under the gift of her ward and marriage. On the day follow- 
ing the date of the inhibition, and armed with it, Sir James Douglas visited 
his ward and offered her as a husband John M'Math, son and heir- 
apparent to John M'Math of Dalpedder, and required that her mar- 
riage to him should be celebrated at the time and place specified by 
him. But Marion Carruthers again refused his offer in the same 

1 Thomas Rorieson was on 10th July 1563 in the five mei-kland of Dunragane, etc. 
retoured heir to his father, Andrew Rorieson, [Retours for Dumfriesshire, No. 6.] 

5 



XXXU INTRODUCTION. 

peremptory manner as before, and intimated that "sche wold not be at 
the said James byddin." 1 

Marion Carruthers having thus defied her lawful guardian, more litiga- 
tion ensued between him on the one hand and herself on the other, acting 
under the advice of her relatives. Her case came before the Privy Council 
of Scotland, and an arrangement was made by that Court whereby Marion 
Carruthers was appointed to reside for a time at Borthwick Castle with John, 
Lord Borthwick, who appears to have been related to her. But while this 
arrangement was come to for her benefit, she was taken under obligation not 
to leave Lord Borthwick under a penalty of £2000, and she had to find 
caution that she would not marry a traitor or broken man. While thus 
under judicial supervision, Marion took a step incompatible with the legal 
provisions made for her in her gift of ward and marriage to Sir James 
Douglas. Her maternal uncle, Charles Murray of Cockpool, appears to have 
been her adviser, and she was induced to alienate her half of Mouswald to 
him. This alienation in his favour was confirmed by Queen Mary, on 24th 
June 1564. But Sir James Douglas succeeded in having the transaction 
declared null as an illegal subversion of the gift of her ward and marriage. 

Baffled again in her unequal contest with a powerful legal guardian, she 
next retired to reside with her maternal uncle, Charles Murray of Cockpool, at 
his castle of Cumlongan. But there she did not find consolation. She took 
the fatal leap over the highest wall of the castle tower and fortalice, and, in 
the expressive vernacular of King James the Sixth, " thairthrow wilfullie 
breking of hir awin craig and banis quhairof sche deit." By that wilful act 
of suicide, the interest in the unfortunate Marion in Mouswald was escheated 
to the Crown. King James the Sixth, by gift under the Privy Seal, 17th 
October 1570, bestowed the interest forfeited by the unhappy suicide in 

1 The late Mr. Charles Steuart of Hillside, expressed an opinion that no final judgment 

long the respected factor on the Annandale could be formed thereon without more in- 

estate, after seeing the arrangements made formation than was forthcoming, 
by Sir James Douglas and Marion Carruthers, 



RECENT CONTRIBUTIONS TO BORDER HISTORY. mill 

Mouswald upon Sir William Douglas of Hawick, eldest son of Sir James 
Douglas. The second grandson of Sir William, James Douglas, was provided 
to Mouswald, and the Douglases of Mouswald, as cadets of Drumlanrig, con- 
tinued for upwards of a century, when Mouswald passed into other hands. 1 



RECENT CONTRIBUTIONS TO THE HISTORY OF THE BORDERS. 

During the present century several important works have been prepared 
bearing on the history of the Scottish Border abbeys, as well as on the noble 
and baronial families on both sides of the Borders. His Grace the late Duke 
of Buccleuch and Queensberry, K.G-., presented, in the year 1837, to the 
Bannatyne Club the " Liber de Mailros," in two volumes quarto. The work is 
illustrated with engravings of several of the ancient and beautiful charters, 
and also many of the armorial seals still appended to them. The wealth of 
illustration well entitled the work to the style of magnificent. Nine years 
later, in 1846, His Grace the late Duke of Roxburghe, K.T., presented to the 
same Club the " Liber de Calchou," in two volumes quarto. That work included 
a facsimile of the beautiful charter granted by King Malcolm the Fourth to 
the abbey, which contains in the initial letter of his Christian name two 
portraits in colours, which have reasonably been supposed to be representa- 
tions of the youthful Malcolm and his grandfather, the venerable King 

1 The present owner of Mouswald is Mrs. it make his paper a very readable one ; 
Reid. Her eldest son, the late Mr. J. J. although, from the private Drumlanrig Papers 
Reid, Queeu's Remembrancer in Exchequer, to which he seems to have had access, 
wrote a paper on the " Barony of Mous- he animadverts too severely on Sir James 
wald, and Barons; a page of Border History " Douglas as the guardian of the heiresses, 
[Proceedings of the Society of Antiquaries of without making comment on the conduct of 
Scotland, 1SS8-9, vol. xxiii. pp. 24-79]. It is Cockpool. If the poor heiress had followed 
chiefly derived from the information produced the advice of her legal guardian, she might 
in the Locality of Moffat in 1852, as appears have had a better fate than that which she 
from the numerous references through- met with in the home of her uncle at dim- 
out. Mr. Reid's own researches added to longan. 



XXXtO INTRODUCTION. 

David the First. A year later the same Club was successful in obtaining a 
third presentation of the "Liber de Driburgh " from the late John Spottiswoode, 
Esquire of Spottiswoode. Of the fourth Border Abbey of Jedburgh no 
cartulary is known to exist. But the noble owner, the Marquis of Lothian, 
K.T., who, with enlightened taste and patriotic liberality, has done so much 
to improve and preserve the remains of this splendid ecclesiastical building, 
has made collections of ancient charters connected with the abbey, with the 
view of preserving them in a record similar to the volume relating to his 
separate Abbey of ISTewbattle, which was presented by the late Marquis to 
the Bannatyne Club. 

Family Histories of the Scottish Border noble and baronial houses have 
been numerous and exhaustive. The present Marquis of Lothian in the year 
1875 printed the correspondence of Sir Bobert Kerr, first Earl of Ancram, 
and his son William, third Earl of Lothian, in two volumes quarto, including 
many portraits of the families of Ancram and Lothian. The letters extend 
from the year 1616 to the year 1667, and form a very valuable collection 
of private and public correspondence. 

Two years previous to the printing of the Kerr correspondence, the late 
William Lord Herries and his brother the late Honourable Marmaduke 
Maxwell of Terregles, printed, in the year 1873, the " Book of Carlaverock," 
in two large quarto volumes, which included the charters and correspondence 
of the Maxwell, Herries, and Nithsdale families, with exhaustive memoirs. 
Mr. Marmaduke Maxwell previously, in 1865, printed in one quarto volume 
" Inventories of the Maxwell, Herries, and Nithsdale Muniments." 

The late Sir John Maxwell of Pollok, Baronet, printed in the year 1863 
the " Pollok-Maxwell Charters and Correspondence," which was described by 
the late Mr. John Biddell, advocate, as a magazine or storehouse of historical 
information. The successor of Sir John Maxwell both in his baronetcy 
and his estates was his nephew, the late Sir William Stirling Maxwell, 
Baronet of Keir and Pollok, who in acknowledgment of his eminent literary 



RECENT CONTRIBUTIONS TO BORDER HISTORY. XXXft 

attainments was made a Knight of the Thistle. Sir William printed in the 
year 1875 "The Cartulary of Pollok-Maxwell " in one volume quarto. In 
the six quarto volumes now described the detailed history and abundant 
muniments of the great Border house of Maxwell have been more fidly 
recorded than almost any other Border surname. 

Following at a short interval, "The Scotts of Buccleuch" formed the 
subject of the distinguished Border House of Buccleuch, in two large quarto 
volumes printed in the year 1878, profusely illustrated with portraits, charters, 
correspondence, and other illustrations, all betokening the munificence of the 
late Duke of Buccleuch and Queensberry, K.G-., who was in his day such a 
commanding figure in the Scottish Border. 

Another great Border book under the title of "The Douglas Book," in 
four large quarto volumes, with numerous illustrations of charters and corre- 
spondence, was completed in the year 1885 for the late Earl of Home, Baron 
Douglas of Douglas, and his son and successor the present Earl. The history 
of the noble houses of Douglas and Angus, who were so prominently con- 
nected with the Borders as wardens and otherwise, are fully recorded in these 
four quarto volumes. 

The privately-printed books now referred to chiefly relate to the Scottish 
side of the Borders. 1 But there is one book which refers mainly to the 

1 None of these works, nor any of the lands of Caskieben with the heiress, Margaret, 
Border histories published by Mr. Redpath, daughter of Sir Andrew Garioch of Caskie- 
in the year 1776, and other subsequent ben, knight. His descendants afterwards 
writers, make any special reference to the changed the name of the lands to Johnston, 
Johnstons in Aberdeenshire. In 1S32 Mr. and took the designation of Johnston of that 
Alexander Johnston, writer to the signet, Ilk, as if they were the chief or head of all 
published a genealogical account of the John- the Johnstones in Scotland. But the inves- 
stons of Caskieben in the shire of Aberdeen. tigations made in the present history of the 
It is chiefly compiled, as he explains, from a Johnstones, Earls and Marquises of Annan- 
manuscript history of the family by an un- dale, show that the alleged connection be- 
kuown author, written about the year 1610. tween the two families is fabulous. The 
The first-named member of the family men- reputed " Stivene Clerk " is not mentioned 
tioned in their oldest writs, dated in the year in any muniment of the Annandale family, 
13S0, is " Stivene Clerk." He acquired the which existed for at least five generations 



XXVOl INTRODUCTION. 

English side, and it deserves honourable mention. The work is entitled, 
" Annals of the House of Percy." It consists of two noble volumes, printed 
for private circulation only, in 18S7, by the present representative of the 
great house — his Grace Algernon-George Percy, Duke of Northumberland, 
K.G. The book is enriched with portraits, castles, armorial seals, and 
other illustrations. 

The Percy Book was completed within two years after the Douglas Book, 
and they naturally attract notice, owing to the two heroic families of Douglas 
and Percy having made up so much of the history of the warfare on the 
Scottish and English borders. 

The present work may be considered a fitting companion to the Maxwell 
and other histories now referred to, and as a record of the Johnstones, Earls and 
Marquises of Annandale. Although the detailed memoirs have not been 
brought down to the time of the late Mr. Hope Johnstone of Annandale, it 
cannot be overlooked how nobly and gallantly he maintained the struggle to 
protect the interests of his family for the peerages which he firmly believed 
to be as much his own as the landed estates which he enjoyed. He often 
expressed his wish that his family muniments should be properly arranged, 
but he passed away before his wish was accomplished. To the liberality of 
his grandson, the present representative of the house of Johnstone of John- 
stone, this work really owes its existence. This is not the first occasion on 
which Mr. Hope Johnstone's public spirit has been shown. Soon after his 
succession to the Annandale estates the great wave of agricultural depression 
swept over the country, and threatened to be calamitous to not a few of the 

at Johnstone in Annandale prior to his time. any of the bonds of clanship entered into by 

His name of Stephen never once occurs in the the great Border clan of Johnstone. There 

numerous generations of the real house of are, however, many names other than John- 

the Johnstones of Johnstone and Annandale stone included in these bonds, showing that 

from the year 1170 to the present chief of even they had a closer connection with that 

that house. Although of the same name, elan than the Johnstons of Cashieben had. 
the Johnstons of Caskieben never appear in 



ADDRESS OP TENANTRY ON ANNANDALE ESTATES. IXCtlH 

numerous and industrious tenantry on his estates. The enlightened con- 
sideration with which Mr. Hope Johnstone as proprietor co-operated with 
them to assist them in their struggles is well known, and a permanent 
memorial has been gracefully recorded in an address, which was presented to 
him on the 22nd of June 1883. The address is in the following terms : — 



To 

John James Hope Johnstone, Esquire 
of Annandale. 

Sie, — The tenantry on your extensive estates of Annandale desire, by 
means of this address, to convey to you an expression of their feelings of 
respect and esteem towards you as their landlord. 

Your family have long been distinguished by the cultivation of con- 
siderate and kindly relations with the tenantry on the estates, and no one 
ever enjoyed or deserved on this account, as also on general grounds, more 
profound respect than your lamented grandfather. 

It is a high satisfaction and a source of sincere gratitude to us all that 
you have followed in his footsteps in the interest you have taken in our 
comfort and welfare. 

The general agricultural depression, and the unfavoiirable seasons which 
so persistently prevailed over almost the whole country during recent years, 
influenced our interests to such an extent as to cause many of us to look ou 
the situation with concern as one of great gravity indeed : and it was in 
these circumstances that your kindly interest in us was exhibited by your 
spontaneously offering us a reduction of ten per cent, from our rental. Not 
only has this reduction been with equal spontaneity again and again 
repeated, but you have given instructions for a revaluation of the pastoral 
farms on your estate. 

We warmly appreciate these repeated acts of generous kindness, and 



intUit INTRODUCTION. 

rejoice that your residence on the estates, and the lively personal interest 
you take therein, enables you to estimate the position correctly. 

We also appreciate your desire and efforts to maintain the high reputa- 
tion the estates have so long held for advanced agriculture and general 
improvements : and it is our desire, so far as in our power, to co-operate in 
such efforts. 

In offering this expression of our sincere gratitude for your considerate 
and generous conduct towards us, we venture to hope that you may long be 
spared to enjoy your high position, and to receive the profound respect of 
your tenantry. 

Moffat, 22nd June 1883. 

The address was signed by all the tenantry on the Annandale estates, 
and is preserved at Eaehills House. Some time afterwards the address was 
followed by a public banc[uet given by the tenantry and friends, during which 
Mr. Hope Johnstone made a feeling and appropriate reply to the address. 



It now remains, in closing this Introduction, to acknowledge the courtesy 
shown by several noblemen and gentlemen in contributing charters of much 
interest for the present work. His Grace the Duke of Buccleuch and 
Queensberry, K.T., The Eight Hon. the Earl of Home, Baron Douglas of 
Douglas, The Eight Hon. the Earl of Strathmore and Kinghorn, and Sir 
Eeginald- Archibald-Edward Catheart, Baronet of Caiieton, all liberally per- 
mitted charters of the Bruces of Annandale both to be printed and litho- 
graphed for this work from their respective muniment rooms at Drumlanrig, 
Douglas, Glamis, and Killochan. 

WILLIAM FEASEE. 

Edinburgh, 32 Castle Street, 

December 1894. 



MEMOIRS 

OF THE 

JOHNSTONES OF JOHNSTONE, 
EARLS AND MARQUISES OF ANNANDALE, 

FEOM THE TWELFTH CENTURY. 

I. — John, first Known Ancestor of the Johnstone Family, Father 

of Sir Gilbert Johnstone, Knight. 

c. 1170-1194. 

Previous writers on this family have generally commenced their history 
with Sir John de Johnstone, knight, and Gilhert de Johnstone, who nourished 
in the thirteenth century, and gave their oaths of fealty, like the majority of 
their countrymen, to King Edward the First of England, in the year 1296, 
when that invader overran Scotland. But recent investigations which have 
heen made in connection with the present history of the Johnstone family 
have disclosed the fact that they flourished in Annandale in the twelfth 
century, or upwards of one hundred years anterior to these two members of 
the family who yielded their fealty to Edward in 1296. It is more satis- 
factory to be able to commence the history of a really heroic race with true 
and knightly names, than with later members who were compelled to sub- 
scribe the Eagman Eoll of the " Hammer of Scotland." 

The earliest-traced members of the Johnstone family appear in charters 
VOL. I. A 



ii JOHN, THE FIRST KNOWN ANCESTOR, C. 1170-1194. 

and other instruments, in close connection with the illustrious house of Bruce 
so early as 1170. Either from the first Bruce of Annandale, who settled 
there in 1124, or his immediate successor, "John," father of Sir Gilbert 
Johnstone, obtained the lands of Johnstone. These were situated in the heart 
of Bruce's great lordship, and not far distant from his famous castle of 
Lochmaben, which was included in the grant to him by King David the First. 

This sovereign, for the improvement and civilisation of Scotland, planted 
great families in the north and other parts of Scotland in the same way as he 
established the Bruces in the south. One of the principal grants in the north 
was made to " Freskyn," the first known ancestor of the ducal families of 
Sutherland and Athole. "Freskyn" had no surname, and is only known 
from charters in which his sons Hugh and William are mentioned — " Hugo 
Alius Freskyn," and " Willelmus Alius Freskyn." These charters sufficiently 
preserve the name of " Freskyn," who possessed lands in West Lothian in 
addition to those in Moray and Sutherland. The extensive possessions of 
" Freskyn," both in West Lothian and Moray, held by him under King David 
the First, were confirmed to his son William of Moray by King William the 
Lion, to be held by the grantee in the same way as they had been held under 
King William's grandfather King David. 

Contemporary with " Freskyn " of the single name was " John," also of 
the single name, who, either by inheritance or gift from Kobert Bruce, 
received lands in Annandale, and bestowed his own name on them, calling 
them " Jonestun," now Johnstone, both estate and parish. His son, Gilbert, 
is called indifferently Gilbert, son of John, or Gilbert de Jonestune ; and it 
is a fair inference that the lands obtained their name from his father. This 
view accords with that of the learned and impartial author of " Caledonia." 
He says : — " The parish of Jonestone derived its name from the village and the 
hamlet, from its having become in Scoto-Saxon times the tun or dwelling of 
some person who was distinguished by the appellation of John." x This 

1 Chalmers, "Caledonia," vol. iii. p. 179. 



GIVES HIS NAME TO THE LANDS OF JOHNSTONE. ill 

statement is now confirmed by charter records which were unknown to Mr. 
Chalmers. These describe the earliest known proprietor of Johnstone as 
" John," who no doubt gave his name to the lands, and he must have been 
a person of considerable importance to have acquired the territory of 
Johnstone in the centre of Bruce's lordship of Annandale. It is probable 
that " John " was a Norman or Saxon under the first or second Bruce, lord 
of Annandale, though he may have been one of the native inhabitants. 

Another family of the Bruce vassals in Annandale begins likewise with 
the Christian name "Ivo," without a surname. Eobert Bruce, circa 1190, 
granted to " Ivo " and his heirs a place between Blawad and the Water of 
Hesch (Esk) for fishing. Among the witnesses to that charter are Peter 
of Humez, Hugh of Corrie, Hugh, son of Ingebald, Humphrey of Gardine 
(Jardine), Bichard Flammanc (Fleming), Henry, son of Gerard, and others. 
The same " Ivo " having acquired the lands of Kirkpatrick, was designated 
Ivo de Kirkpatrick in a subsequent charter, 1 just in the same way as 
Gilbert, the son of the first John, is styled in charters Gilbert, the son of 
John, and also of Johnstone, the name of his lands. 

II.— Sir Gilbert Johnstone, Knight, of Johnstone, Son of John, 

THE FIRST KNOWN ANCESTOR, C. 1191-c. 1240. 

This is the first member of the family of Johnstone who took that sur- 
name, derived from the lands called after his father, John. As Gilbert, 
son of John, he witnessed a charter by William Bruce in which he makes 
known to all his men and friends, French and English, that he had given to 
Adam of Carlisle (Karleolo), the son of Bobert, the lands of Kynemund in 
exchange for the lands of Locardebi (Lockerbie), which Bobert Bruce, the 
granter's father, gave to Bobert, father of the grantee, for his homage and 
service. The witnesses are William of Heriz, Adam, son of Adam, Vdard of 
Hodelm, Hugh de Brus, Adam of Dunwithie, Bichard Flamanc, and others. 2 
1 Pp. 1-3 of this vol "- 1194-1214, pp. 1, 2 of this vol. 



iv SIR GILBERT JOHNSTONE, KNIGHT, C. 1194-c. 1240. 

The earliest mention of this Gilbert occurs in a resignation by Dunegal, 
son of Udard, who thereby quitclaimed to William Bruce and his heirs, in 
full court, a carucate of laud in Weremundebi (Warmanby) and half a 
carucate in Anant (Annan), with a toft, for the use of Gilbert, sou of John. 
The witnesses are Adam of Seton, Eobert of Hodalmia, Humphrey del 
Gardine, Adam, son of Adam, Richard of Penresax, William de Herez, 
Patrick Brown, Udard de Hodalmia, Hugh de Corri, Malcolm Loccard, 
and others. The resignation was made in full court of the barony, and in 
presence of the witnesses. The date is not given, but, from the witnesses' 
names, it appears to have been made between the years 1194 and 1214. 1 

As " G. de Jonistune," he witnessed a charter by William Bruce, 
grandson of the first Robert Bruce of Annandale, to Ivo of Kirkepatric of 
the land in the fee of Penresax, which was called Thorbrec and Willambi, 
and the toun of Blacwde. Richard de Bosco, Robert of Crossebi, William 
of Heneuile, Alan of Dunwidi, and others, are also witnesses. This is the 
earliest charter which contains the surname of Johnstone. It is undated, 
but it must have been granted previous to the year 1214, about which 
time William Bruce died. 

Nor was Gilbert de Jonestun a less important personage when the 
next Robert Bruce, who was great-grandson of the first Robert Bruce, 
lord of Annandale, held that lordship in succession to his father, William 
Bruce. We find Gilbert Johnstone, or Gilbert, son of John, as he is 
still called, acting as a security in a transaction between the two great 
houses of Bruce and Dunbar. William Bruce, lord of Annandale, died 
in or about 1214 ; and his widow, Christiana, married, as her second husband, 
Patrick, first of that name, Earl of Dunbar. In consequence of that mar- 
riage, she and Earl Patrick, in the year 1218, entered into an arrangement 
with her son, Robert Bruce, now lord of Annandale, as to her dower lands 
iu Hertness, Durham. She leased these lands to her son for a term of 

1 P. 3 of this vol. Bain's Calendar of State Papers, vol. i. p. 107. 



SURETY FOR ROBERT BRUCE, LORD OF ANNANDALE. v 

eight years, at a rent of £36, 6s. of silver yearly, which he engaged to pay 
to her and her husband so long as they warranted the lands to him. Eohert 
Bruce also bound himself not to dispone the lands for eight years, and he 
named certain gentlemen as sureties that he would fulfil his part of the 
agreement. One of these was Gilbert, son of John, and the others were 
Humphrey Jardine, Hugh of Corri, William of Heriz, Eobert of Crossebi, 
Eichard de "Bosco," and Eobert of Tremor. 1 Gilbert, son of John, also 
appears as a witness, along with Sir Eichard de Levinton, Sir Eoger Avenel, 
and the whole " curia " of Sir Eobert de Brus of Anant, to a transaction by 
which Ealf the " Lardener " and his brother David quitclaimed to Eobert 
de Brus all the lands which they held of him in the vill of Anant, instead 
of some accounts which the Lardener could not pay. 2 As Gilbert de 
Joneston he was witness to a charter by Eobert Brus to Eoger Crispin of 
the lands of Cnoculeran, apparently near Cummertrees, about the same date 
as the agreement, in which he figures as a pledge, the witnesses being nearly 
all the same. 3 This charter is a beautiful specimen of the caligraphy of the 
period, as may be seen from the facsimile in this volume. The ink which 
it was written with is still remarkably fresh and distinct. 

Some time afterwards, Gilbert de Joneston was advanced to the dignity 
of knighthood. Eobert Bruce granted to Eobert of Crosby a right of 
commonty in the wood of Stapleton, and the witnesses are Sir Humphrey 
of Kirkpatrick, Sir Adam of Carnot, Sir Gilbert of Jonestone, Sir Alan of 
Dunwidi, and others. 4 As " Sir Gilbert de Joneston " he witnessed a quit- 
claim by Eoger, son of William French, to Sir Eobert Bruce, lord of Annan- 

1 llth November 121S. Baiu's Calendar Johnstone was in close alliance as lord 
of State Papers, vol. i. p. 123 ; p. 4 of this superior of Annandale, married the Princess 
vol. Isabella, second daughter of David, Earl 

2 Bain's Calendar, vol. i. pp. 123, 124; of Huntingdon, younger brother of King 
p. 4 of this vol. William the Lion, and youngest grandson of 

3 P. 5 of this vol. King David the First. It was as the lineal 

4 Pp. 5, 6 of this vol. Sir Robert Bruce, descendant of that marriage that King Robert 
lord of Annandale, with whom Sir Gilbert Bruce inherited the Scottish Crown. 



vi GILBERT JOHNSTONE, SECOND OF THE NAME, C. 1249. 

dale, of lands in Anant towards Wormanby in excambion for lands in the 
territory of Moffat. Sir John de Eumundebi, Sir Humphrey of Kirkpatrick, 
and others, are also witnesses. Sir Gilbert Johnstone, knight, died before 
the year 1249. 

III. — Gilbert Johnstone, the Second of the Christian Name of Gilbert. 

Circa 1249. 

He was probably the son and successor, in the lands of Jobnstone, of 
Sir Gilbert Johnstone. But the second Gilbert Johnstone did not hold 
such a position as his father did. He is only once traced on record in con- 
nection with a transaction by which Eobert Bruce, who was the competitor 
for the crown, and the grandfather of King Eobert, obtained from Eobert de 
Dundovenald two carucates of land in the fee of Egilfechan, with the 
advowson of the church of Egilfechan. Bruce obtained sasine in his full 
court at Drivisdale on the Thursday after the feast of St. James the Apostle, 
1249. The witnesses to that infeftment were Sir Walter Cumyn, Earl of 
Menteith, Sir Alexander Cumyn, Earl of Buchan, Humphrey de Kirkepatrick, 
Gilbert de Joneston, and others. 1 

This Gilbert Johnstone was then acting with the two Comyn Earls of 
Menteith and Buchan, in the accpiisition of property in Bruce's own lordship 
of Annandale. But friendly relations between the Bruces and Comyns were 
terminated by the slaughter of the Eed Comyn in the Friars' Church of 
Dumfries. 

IV. — 1. Sir John Johnstone, Knight, 1296. 

" Johann de Jonestone, knight, del Counte de Dunfrys," swears fealty 
to King Edward the First at Berwick-upon-Tweed on the 28th of August 
1296. In doing so he is accompanied by Johan le Blunt de Eskeby. 2 The 

1 Bain's Calendar, vol. i. p. 326. Pp. 6, 7 of this vol. 

2 Bain's Calendar, vol. ii. p. 202 ; seal, ibid. p. 549, Appendix in., No. 329. 



GILBERT JOHNSTONE, THIRD OF THE NAME, 1296. vii 

armorial seal of this Sir John Johnstone still exists in the Public Record 
Office, London, being attached by a string to a small fragment of the 
homage. The seal is thus described — " Shield with 2 garbs (?), and a canton 
over a 3rd ; charges indistinct (stars ?), ' s. JOHIS de ionestone militis.' " 

Nothing further regarding the history of this knight of the fealty to the 
overrunning policy of King Edward the First has been ascertained. 

IV. — 2. Gilbert Johnstone, 1296. 

As Gilbert de Johnstone of Dumfriesshire, he took the oath of fealty to 
King Edward the First, and appended his seal to a deed of homage on the 
28th of August 1296, at Berwick-upon-Tweed. His seal is still appended 
to the deed of homage in the Public Record Office, London. The seal is 
different from that of Sir John de Johnstone, who took the oath to Edward 
at the same time. The seal is thus described — " A gem, a head in profile : 
' s. gilbeeti de ionestovn.' "! Along with Gilbert in making oath of fealty 
were Humfrey de Boys, knight, Roger de Kirkpatric, knight, Hugh 
Mauleverer, and others. He is probably the same Gilbert de Johnstone 
who obtained from King Robert the Bruce, in or after 1309, the lands of 
Hevirterrigs and Redmyre, in the shire of Lanark. 2 

The practice of continuing distinguished names in Scottish families has 
long been observed. The Christian names of John and Gilbert, which were 
held respectively by the oldest known ancestor of the Johnstone family and 
his son Sir Gilbert, prevailed in the family from the twelfth to the fifteenth 
century. In 1484, John Johnstone was proprietor of Johnstone, and his next 
brother was Gilbert Johnstone. After them the name of Gilbert was dropped 
in the main line, and those of John and James became the prevailing 
Christian names, and have continued to the present time — sometimes in 
conjunction. 

1 Bain's Calendar, vol. ii. pp. 185, 210 ; seal, Appendix I. (7), p. 531. 

2 Robertson's Index of Missing Charters, p. 1. 



viii JOHN OF JOHNSTONE, THIRD OP THE NAME, C. 1320. 

V.— 1. John of Johnstone, c. 1320. 

John of Johnstone appears as the next owner of Johnstone. After Robert 
Bruce succeeded to the Scottish throne, he surrendered to his nephew, 
Thomas Eandolph, the lordship of Aimandale. As the new lord of Annandale, 
Randolph, who was also created Earl of Moray, granted a charter to William 
Murray, his nephew, of the half of the tenements of Cumlongan, and of 
Ruthwell, in Annandale, formerly possessed by Thomas of DuDcurri. That 
charter is undated, but it was granted between the years 1312, when 
Randolph acquired the earldom of Moray, and 1332, when he died. The 
charter is witnessed by " Johanne de Jonestone " and " Gilberto de Jone- 
stone," without any further designation of either of them, and also without 
any relationship being stated. All the other witnesses to that charter are 
also connected with Annandale, including the well-known names of Carlyle, 
Kirkpatrick, Jardine, and Corrie. 

John de Johnstone, the senior of these two Johnstone attesting wit- 
nesses to the charter by Randolph, appears to have died soon afterwards, 
as no further trace of him has been found, and the next inheritor of 
the estate of Johnstone and owner of the lands of Brakenthwait was — 

V.— 2. Gilbert of Johnstone, 1333-c. 1360. 

As stated in the previous Memoir, Gilbert de Johnstone witnessed the 
charter of Randolph, lord of Annandale, to William Murray, of the lands of 
Cumlongan and Ryuel [Euthwell]. After the temporary triumph of King- 
Edward Baliol, in the year 1333, the lordship of Annandale was, at least for 
a time, partly under Baliol's sway. The lands of Brakenthwait, belonging to 
Gilbert Johnstone, were granted by King Edward the Third, who then ruled 
in Annandale, to Percy, ancestor of the Northumberland family. 

Gilbert de Jonestone, William of Levington, Robert of Crosby, and other 
jurors, held an inquest at Lochmaben, on 24th July 1347, under writ of King 



SIR JOHN JOHNSTONE OF JOHNSTONE, 1370-1413. ix 

Edward the Third, and found that William, son and heir of the late John de 
Carlyle (Caii'o) is nearest and lawful heir of the late William de Carlyle, his 
uncle, in the latter's lands held in fee, viz., Luse, with lands in the burgh of 
Annan, Lougherwode, etc., and that the said William had done nothing 
against his lord at any time that he should not recover his lands, and that he 
was of full age. Gilbert de Jonestone is named first in this inquest. Annan- 
dale was then under the occupation of the English after the battle of Durham. 1 

VI. — Sir John Johnstone of Johnstone, 1370-1413. 

This chief of Johnstone is the first who is specially mentioned by 
historians as taking an active part in public affairs. He was one of the 
wardens of the West Marches, and made a stout resistance to various petty 
invasions of the English borderers between 1377 and 1379. On these occasions 
he was so uniformly victorious as to draw from one writer the eulogy that 
praise, if given to each of his memorable acts even though not all recounted, 
would be tedious, not, indeed, to warriors, but to dainty ecclesiastical 
readers. 2 He is celebrated by Wyntown for an encounter on the water of 
Solway in 1378, and his name is coupled with that of Sir John Gordon, 
who was carrying on similar operations in the Merse. The date is 1378. 

" When at the wattyr of Sulway, 
Schyr Jhon of Jhonystown on a day 
Of Inglis men wencust a gret dele. 
He bare hym at that tyme sa welle 
That he, and the lord of Gordowne, 
Had a sowerane gud renown 
Of ony that was of thar degre, 
For full thai war of gret bounte." 3 

1 During the reign of King David the of Kirknriehael and shire of Dumfries — 

Second (Bruee), an Adam Johnstone received [Robertson's Index, p. 47.] 
a crown charter of the lands of Cronanton, 2 Fordun a, Goodall, vol. ii. p. 3S5. 

Molyn, Monykipper, and Rahill, in the barony 3 Wyntown's Crouykil, Book II. p. 311. 

VOL. I. B 



x ADAM JOHNSTONE OF JOHNSTONE, 1413-1454. 

Two safe-conducts in February 1383 and 28th March 1385, addressed to 
Sir John Johnstone, appear to be granted to the same person. The second 
safe-conduct, besides granting him personal protection, extended protection 
to a ship which he had freighted apparently with merchandise from abroad. 
He is also named in 1385 as the recipient of 300 francs d'or, a share of the 
money brought from France by Sir John de Vienne as a subsidy to the 
Scots. This sum was no doubt paid to him as a compensation for damage 
done by "English invasions. He was also one of those who pledged them- 
selves for the observance on the West March of an agreement which had 
been made between England and Scotland as to the delivery and ransom of 
prisoners taken on either side during the preceding nine years. In this 
indenture he stands first on the part of Scotland, and is followed by Sir John 
of Carlyle, Sir William Stewart of Castlemilk, and others. 1 

Sir John Johnstone appears to have died shortly afterwards, and was 
succeeded by his son. 

VII. — Adam Johnstone of Johnstone. 
Janet Seton, his Wife. 
1413-1454. 

In modern times more interest has attached to the personal history of 
this Adam Johnstone of Johnstone than to any of his predecessors. This 
distinction was not acquired by any famous exploits performed by him 
exceeding those of any of his ancestors. Several of these had attained to 
the honour of knighthood, and they were men of valour and renown as 
became their heroic race. The distinction referred to, which in modern 
times has led his name to be often quoted in judicial tribunals, arose from 
the simple fact that the most persistent of all the numerous claimants of 

1 Indenture made at Clochmabanestane, 6th November 1308. — Bain's Calendar, vol. iv. 
pp. 108, 109. 



THE ASLOAN MANUSCRIPT AND LAW S CHRONICLE. XI 

the Annandale peerages maintained that this Adam Johnstone was the 
common ancestor of the Johnstones of Johnstone and Annandale and the 
Johnstones of Westerhall. 

In support of that pretension several Scottish chronicles and histories, 
as well as family tradition and documentary proofs, were all arrayed to prove 
that a certain Matthew Johnstone was the second son of Adam Johnstone of 
Johnstone, and also the predecessor of the Johnstones of Westerhall. The 
earliest of the chronicles referred to is what is commonly known as -the com- 
pilation of John Asloan, a notary public, who made miscellaneous collections 
in prose and verse transcribed from mss. towards the close of the reign of King 
James the Fourth, or before the year 1514. But the collection only contained 
transcripts, and no original writs. The Asloan MS. having been acquired 
by Alexander Boswell of Auchinleck in 1730, came to be known as the 
" Auchinleck Chronicle." Mr. Thomas Thomson printed privately a few 
copies of portions of Asloan's collections in prose about the year 1819. In 
an explanatory note by Mr. Thomson he alludes to the errors of fact and of 
date, as well as those of transcription, which the collection exhibits. He 
explains that some of the erroneous dates and accidental mistakes of tran- 
scription have been rectified in his print. It is added that several known or 
suspected errors have been suffered to remain. The chronicle does not even 
mention the name of Adam Johnstone of Johnstone or of his alleged son 
Matthew, although it was offered as evidence to prove the important fact of 
the paternity of Matthew as son of Adam. Such a confessedly erroneous 
chronicle was utterly worthless as legal evidence, and was rejected by the 
House of Lords as not admissible in evidence. 1 

The next chronicle which was offered by Sir Frederic Johnstone to prove 
the paternity of Matthew as the son of Adam was a manuscript known as 
"Law's Manuscript," or "De chronicis Scotorum brevia, 1521." It was pro- 
duced at a meeting of the Committee of Privileges of the House of Lords on 
1 Minutes of Evidence in Annandale peerage, 21st July 1S76, p. 100. 



xii ADAM JOHNSTONE OF JOHNSTONE, 1413-1454. 

21st July 1876. The witness was the late keeper of the University Library 
of Edinburgh, in which Law's chronicle is preserved. On behalf of Mr. Hope 
Johnstone the witness was cross-examined by his counsel, who asked, "What 
period of Scottish history does the MS. profess to cover ? " The witness 
answered, " It begins at a very early date. It deals with history in general, 
beginning about the time of Moses, but it comes down to the year 1521." x 
Earl Cairns, who was Lord Chancellor, and attended the Committee, was 
much amused with the reference to Moses, and he remarked jocularly, " I 
have no doubt he makes Moses a Scotchman." 2 Another attempt was made 
to receive Law's chronicle as evidence, but it was not allowed. 

A third production, the history by John Lesley, Bishop of Boss, was 
received in evidence, but as it contained nothing to show that Matthew 
Johnstone was son of Adam Johnstone, it was as little to the purpose as 
the other chronicles. 

A fourth manuscript, the history of the Douglas family written by 
David Hume of Godscroft in the year 1644, was also tendered to prove state- 
ments relating to this Adam Johnstone and Matthew Johnstone, hut it too 
was rejected on the ground that it was not written by a contemporary of 
either of the persons concerned. 3 

The family tradition was not more satisfactory. The oldest witness 
produced was the Bev. Canon Johnstone of York, an aged member of the 
Westerhall family. He was asked if he ever heard in his family who was 
the founder of the Westerhall family. His answer was, " I have often heard 
my brother say, from documents which he had in his possession, that he could 
trace our family back to Adam, who was succeeded by his son Sir Matthew." 4 

All this oral and documentary evidence produced on behalf of Sir 
Frederic Johnstone, and collected with great labour and expense by himself 

1 Minutes of Evidence in Annandale peer- it made. 

age, 21st July 1876, p. 100. 3 Minutes of Evidence in Aunandale Peer- 

2 This remark is not reported in the age, pp. 104, 105. 
minutes, but the writer was present and heard 4 Ibid. p. 706. 



BATTLE OF LOCHMABENSTANE, 1448. xiii 

and several generations of his family, proved unavailing. The House of 
Lords adjudged that the paternity of Matthew Johnstone had not heen 
proved, and that Sir Frederic Johnstone bad not made out his claim. 1 

With this preliminary explanation as to the position claimed by the 
Johnstones of Westerhall for this Adam Johnstone of Johnstone through his 
alleged son Matthew, the ascertained facts of his history will now be related. 

Adam Johnstone is designated of Johnstone in a safe-conduct to him in 
1413, as one of several hostages who went to England as securities for money 
due by the Princess Margaret Stewart, Countess of Archibald, fourth Earl 
of Douglas. She borrowed 500 merks from Sir John Philip, an English 
knight, and the hostages, who were all gentlemen in Galloway and Annan- 
dale, were to remain with him in England until the money was paid. 2 

Adam Johnstone was at this time a feudal subject of the great house of 
Douglas, the Duke of Albany having conferred the lordship of Annandale 
upon Archibald, fourth Earl of Douglas, in the year 1409. How long Adam 
Johnstone of Johnstone remained in England is not known ; but, in 
December 1419, he was a witness at Lochmaben to a charter by this Earl of 
Douglas of the lands of Grenane in Kirkcudbright to Herbert Maxwell of 
Carlaverock. 3 He is also named in 1441 as a witness to a charter by John 
Lockhart of Ban to his son Eobert, of the lands of Barr and others in 
Ayrshire; and on the same day Adam Johnstone witnessed a charter by 
Alexander Lockhart of Lee to his son Alan, of the lands of Lee. 4 

In the Asloan MS. before referred to, it is stated, under date 23d 
October 1448, that "the lord of Johnstone was present at the battell of 
Lochmabeustane," along with many of his countrymen against the attack 
by the English. An invading force of 6000 Englishmen led by young Percy 
and others had entered Scotland. They crossed the Solway and encamped 

1 Printed judgment, 20th July 1881. 3 The Book of Carlaverock, vol. ii. pp. 420, 

421. 

2 Safe-conduct, 3d November 1413, Annan- 4 8th January 1440-1, Registrum Magni 
dale Peerage Evidence, 1876, p. 15. Sigilli, vol. ii. Nos. 258, 261. 



xiv ADAM JOHNSTONE OF JOHNSTONE, 1413-1454. 

on the banks of the river Sark. To check their advance, Hugh, Earl of 
Ormond, brother of the Earl of Douglas, and some gentlemen of the 
neighbourhood mustered an army of 4000 men, and, though inferior in 
numbers, succeeded in completely defeating the English. Two thousand of 
the enemy were slain and their leaders taken prisoners, to the enrichment, 
it is said, of their captors. 1 

During the years following, from 1449 to 1453, there were frequent 
renewals of truce with England, and on each occasion Adam Johnstone of 
Johnstone is named as one of the conservators of the peace on the Scottish 
border. The Castle of Lochmaben, then held by John Carruthers of Mous- 
wald, as captain, was taken from him in the year 1454 by the treachery of 
the porter, apparently by Herbert Johnstone, who took forcible possession of 
the fortress, which King James the Second allowed the captors to keep " to 
his profit," much to the general astonishment. 2 This seizure is said to have 
taken place in August 1454, and the statement is corroborated by the 
Exchequer Eolls, which show that Carruthers received his salary, as keeper, 
up till July 1454, while, for the next twelve months, Herbert Johnstone 
acted as captain, and was paid the fees. It is difficult to explain this 
sudden seizure of a royal castle from its authorised keeper, and the subse- 
quent condonement of the offence by the king, but the expression in the 
chronicle that it was for the royal profit suggests that the Johnstones may 
have acted with the connivance of the king, who may then have been 
meditating the attack upon the power of the Douglases which he carried out 
in the following year. 

That the Johnstones were attached to the royal party in the struggle 
with the Douglases is stated by David Hume of Godscroft, the historian of 
the Douglases, who asserts that the Laird of Johnstone took part in the 
battle of Arkinholm, on 1st May 1455, where the Earls of Moray and 

1 Asloan MS., 1819, pp. 18, 40. Tytler's History of Scotland, vol. iii p. 211. 

2 Asloan, pp. 18, 52 ; the manuscript calls them " the lard of Jhonstounis twa sonnis." 



HIS MARRIAGE WITH JANET SETON. XV 

Ormond, brothers of the Earl of Douglas, were defeated. It is said by the 

Chronicles that Johnstone was himself present ; but it could not have been 

Adam, the subject of this Memoir, as he died before this battle took place. 

The Steward of Annandale's account, given in on 17th July 1455, shows 

that the maills of Beltenement and Johnstoune-tenement belonged to the 

Crown for one term up to Whitsunday, owing to the death of Adam of 

Johnstone of that ilk. 1 

Sir Eichard Maitland of Lethington, who was born in 1496, and whose 

mother was a Seton, wrote a brief account of the Seton family. He mentions 

the romantic courtship and marriage of Adam Johnstone and Janet Seton. 

Maitland's quaint vernacular, though inaccurate, is worth quoting : — 

" Lord George Setoun, the first of that name, succeidit to Lord Johne his 
father, being bot nyne yeirs of age. In the mein tyrne, the Lord Crichtoun being 
greit in the Court, and hauing the castell of Edinburgh in his hands, gat the 
said Lord George, and keipit him in the said castell. In the mein tyme, the 
laird of Johnstoun in Anandaill desyrit the said Lord George his mother in 
manage, quha, amang vther talk and communicatioun, schew to the said laird 
that sho was euill contentit that hir said onlie sone was in the lord Crichtoun 
his handis, and had great suspition thairof, becaus the said Lord George had bot 
onlie ane sister, quhilk was narrest air to his haill landis failzeing of him. The 
laird of Johnstoun perceauing that the said Lord George his mother wald haue 
had hir son out of the Crichtoun his handis, he waitit his tyme, and maid sic 
moyan in the castell, that he gat the said George furth of the said castell, and 
convoyit him secreitly to his place callit Lochwood in Annandaill, quhair he was 
weill nurishit ane lang tyme. The said lady heiring tell that the said laird had 
convoyit hir sone out of the lord Crichtoun his handis, sho was contentit to 
marie him, and bair to him monie sones, quhilk war all brether to Lord George 
on the mother syde, of the quhilk the eldest was callit Gilbert, quha was efter 
ane valiant man, and maid knight. This Sir Gilbert mareit the heretrix of 
Elphinstoun, and was the first of the surname of Johnstouns." 2 

Whatever be the basis of this story, it is contradicted in several details 
by various circumstances. Adam Johnstone did apparently marry the 

1 Exchequer Rolls, vol. vi. pp. xxxii, 62. 

2 Sir Richard Maitland's Genealogy of the House and Surname of Setoun, 1830, p. 28. 



xvi ADAM JOHNSTONE OF JOHNSTONE, 1413-1454. 

mother of George, Lord Seton, but she was not the widow of Sir John 
Seton, but of his son William. The latter predeceased his father, being slain 
at the battle of Verneuil in 1424. The son referred to, George, afterwards 
first Lord Seton, was married to Margaret Stewart, daughter of the Earl of 
Buchan, in 1436, when a dispensation was procured for their marriage, and 
Lord Crichton did not come into power until two years later. Janet Seton 
was apparently still a widow in the year 1433 when a payment was made to 
her as Janet Seton, mother of George Seton, an entry which implies that 
her own name was Seton and not Dunbar. It would appear, however, that 
after the death of King James the First, during 1437 and at least part of 
1438, the lands of Seton and others were in ward and under the charge of 
Lord Crichton, and it is probably upon this fact that Sir Richard Maitland's 
narrative is founded. 1 

Adam Johnstone predeceased his wife, Janet Seton, as appears from the 
Steward of Annandale's account, who charges himself with the maills of 
Beltenement and Johnstoune-tenement "dempta tercia de eisdem" — under 
reservation of the terce. 2 

Adam Johnstone had several sons : — 

1. John, of whom a memoir follows. 

2. Gilbert, who is stated by Sir Richard Maitland to have been a son of 

Adam Johnstone and Janet Seton. He married Agnes Elphinstone, 
heiress of Elphinstone in East Lothian, and became Sir Gilbert Johnstone 
of Elphinstone. The male line is understood to be extinct. 

3. Patrick Johnstone, who, in an Instrument of Sasine, dated 17th Marcli 

1467, is styled brother of George, Lord Seton, and was therefore a 
son of this Adam Johnstone and his wife Janet Seton. 3 Nothing 
further has been ascertained regarding him, and he apparently died 
without issue. 

4. Archibald Johnstone, who is named in a precept, dated 1476, by John 

1 Exchequer Rolls, vol. iv. pp. clxxxiii, 602; vol. v. p. 63. 

2 Account rendered 1 7th July 1455 ; ibid. vol. vi. p. 62. 

3 Minutes of Evidence, Annandale Peerage, 1880, p. 1020. 



JOHN JOHNSTONE OF JOHNSTONE, 1454-1493. xvii 

Johnstone of that ilk, as his brother, but nothing further is known of his 
history, and he also apparently died without issue. 1 
William, who apparently possessed or occupied the lands of Upper Dryffe, 
and who is referred to between 1475 and 1481 as then deceased. His 
eldest brother, John, was in possession of these lands after the death of 
William Johnstone, who apparently died without issue. 2 



VIII. — John Johnstone of Johnstone, 1454-1493. 

The position of this head and chief of the Johnstone family, as well 
as that of his eldest son, James Johnstone, has been misunderstood. It 
has been stated that John Johnstone was infeft in the lands of Johnstone in 
1455, that he died on or before 13th September 1484, and that he was 
succeeded by his son, James Johnstone of Johnstone, who did not long 
survive his father, having died before May 1488. 3 To prove that James 
Johnstone was the eldest son of John Johnstone of Johnstone, and that 
he had sasine of the lands of Johnstone in 1484, reference is made to an 
instrument of sasine dated 13th September 1484. In a modern pedigree of 
the family of Johnstone, dated 1766, produced by Sir Harcourt Johnstone 
on 4th April 1878, it is stated that John Johnstone was not present at the 
famous battle of Arkin, near Langholm, as it is supposed that he was attend- 
ing his father Adam, then on his deathbed. 4 These statements are quite at 
variance with the ascertained facts relating to this John Johnstone and his 
eldest son James. 

The first notice of John occurs on 8th November 1438 as witness to a 
notarial instrument relating to the marriage of Charles Murray of Eevel, in 
which he is designated John Johnstone, son and heir of Johnstone of that 
ilk. As he must have been of age to be a witness to such a formal instru- 

1 Minutes of Evidence, Annandale Peerage, Johnstone o£ Westerhall, Baronet, 1875, pp. 
(1876), p. 90. 9, 36. 

2 Ibid. 1880, vol. ii. p. 1002. 4 Minutes of Evidence in Annandale Peer- 

3 Case for Sir Frederic John William age, p. 711, No. 331. 

VOL. I. C 



xviii JOHN JOHNSTONE OF JOHNSTONE, 1-454-1493. 

ment, it may be inferred that his birth would be in or about the year 1417. 
As there is proof that he was living in 1493, he would then have attained 
the age of 76 years at least. Of these years nearly forty were occupied by 
him as head of the family of Johnstone, and proprietor of the estate of 
Johnstone. He was a very active chieftain, and is frequently mentioned 
as conservator of the truces made in the years 1457 and 1459, and also in 
several other public documents which will be mentioned. The great object 
of his youthful sovereign, King James the Second, was to break down the 
unprecedented power of the family of Douglas, but in accomplishing that 
purpose three murders were committed on the Douglases, two by the respon- 
sible ministers of the king, and a third by the king himself. These crimes 
cast an indelible stain on the reign of the second James, and led to sanguinary 
conflicts between the forces of the king on the one hand and those of the 
surviving Douglases on the other, till the latter were finally subdued at the 
battle of Lochmaben in the reign of King James the Third. 

During the time of this chief three important battles were fought, in 
all of which he probably took an active part on behalf of the crown. The 
first is known in history as the battle of Sark, fought on 23d October 1448 
at Lochmabenstane, in the parish of Eedpatrick or Graitney, through which 
the water of Sark flows, and near which an upright stone, known as " Loch- 
maben-stane," is the only remnant of a large circle of stones which once 
stood there. This was a battle between the Scots and an invading army of 
Englishmen, who were severely repulsed. Very little is known of the 
details of the battle, as the English chronicles almost entirely ignore it. 
Hugh Douglas, Earl of Ormond, was the commander of the Scottish army. 
Among those assisting Ormond were "the Lord of Johnstone," as he is 
designated, who was then Adam Johnstone, and with him Sir John Wallace 
of Craigie, and others, amounting in all to 4000 men. These were opposed 
by the English army, amounting to 6000 men, led by the younger Percy 
and other warlike chieftains of England. As Adam Johnstone bore a con- 



BATTLES OF ARKINHOLM AND LOCHMABEN. XIX 

siderable share in that battle it is probable that his eldest son John, who 
had by this time attained manhood, would be there also and actively assisting 
his more aged father, as well as the other members of the Johnstone clan. 

The next active engagement of John Johnstone was at the battle of 
Arkinholm, now Langholm, on 1st May 1455. The battle arose out of the 
continued insurrection of the Douglases to avenge the slaughter of two Earls 
of Douglas, the sixth and eighth of the name. It was led by Douglas, Earl 
of Moray, Douglas, Earl of Ormond, and Douglas, Lord Balvany, all three 
brothers of the ninth Earl of Douglas. They entered Annandale and plun- 
dering it, sent the spoil as a present to their mother, then in Carlisle. 
John Johnstone, with 200 men, met the convoy, and a sharp fight ensued, 
in which Douglas, Earl of Moray, was slain, and his head was carried and 
presented to King James the Second as a trophy. 1 

In the summer of the same year, 1455, King James the Second personally 
conducted the siege of Threave Castle, one of the strongholds of Douglas in 
Galloway. John Johnstone of Johnstone joined that expedition, and for this 
he was rewarded with the lands of Buittle and Sannoch in the neighbour- 
hood of Threave Castle, and forming part of the Douglas lands in Galloway. 2 

The final battle in which John Johnstone was engaged was that of 
Lochmaben, fought on St. Magdalen's Day, 22d July 1484. Bishop Lesley, 
in his History of Scotland, extols the presence and valour of Johnstone at 
Lochmaben, as does Abercrombie in his Martial Achievements of the Scottish 
Nation. The battle commenced with an attack by Alexander, Duke of 
Albany, who was lord of Annandale, and yoiinger brother of King James 
the Third, aided by James, the ninth and last Earl of Douglas. These two 
noblemen joined in the hope that the old vassals of the Douglases would 
rally to the Douglas standard in the same way as at the famous battle of 

1 Tytler's History, vol. iii. p. 260, quoting 2 Exchequer Rolls, vol. vi. p. 203. The 

from Law's manuscript already referred to in rental due by Johnstone for them was £ 2ti, 
the preceding Memoir of Adam Johnstone. 13s. 4d„ 



XX JOHN JOHNSTONE OF JOHNSTONE, 1454-1493. 

Ofcterburn between Douglas and Percy, when the very name of the Douglas 
gained the field. But in this expectation both Albany and Douglas were 
disappointed. The insurrection was quelled. Albany escaped with his life 
by the fieetness of his horse. Douglas was captured and brought before 
King James the Third as a prisoner and sentenced to imprisonment in 
Lindores Abbey. Douglas received his doom meekly, and simply replied, 
" He that may no better be must be a monk." 

In return, probably, for his services against the Douglases, this active and 
energetic Johnstone chief was the recipient of various grants from King James 
the Second. He did not immediately make up his feudal titles to his lands 
on his father's death. He received a remission of the non-entry duties of 
Johnstone-tenement and Bel-tenement, amounting together to £22, 13s. 4d. 
The king also remitted to him £85, 6s. 8d., the relief duty on the lands 
of Johnstone and Kirkpatrick, and also £42, 13s. 4d., the amount of the rents 
exigible while the lands were in the hands of the king. 1 He also received a 
grant of the ward of the lands of Drumgrey, valued at £34, 6s. 2 

This Johnstone chief, like his father, acted as one of the conservators of 
the truce concluded with England during the year 1457. 3 In the same year 
he was in Edinburgh, where he formed one of a jury who retoured George 
Moffat as heir to his grandfather, Thomas Moffat, in 1 2 merks yearly from 
the customs of Edinburgh. 4 In 1469 he was present in Edinburgh in the 
parliament which passed sentence of forfeiture against the family of Boyd, 
who had for some time wielded the chief power in Scotland during the 
minority of King James the Third. He was also a member of the parlia- 
ment of 147 1. 5 

Like other Scotch borderers this Johnstone chief, while engaged in the * 

1 Exchequer Rolls, vol. vi. pp. 62, 63, 272, 273. 

2 Ibid. pp. 169, 170. 

3 Annandale Peerage Evidence (1876), p. 30. 

4 Original Retour in Annandale Charter-chest. 

6 Acts of the Parliaments of Scotland, vol. ii. pp. 93, 98. 



TO DEFEND THE LANDS OF RAEHILLS AND OTHERS, 1476. xxi 

more important battles which have been noticed, had his share of smaller 
actions or law-suits with his neighbours. He was engaged in 1475 in a 
law-suit, in the supreme civil court, with John, first Lord Carlyle, about 
the lands of Upper Dryfe. Lord Carlyle claimed 12 merks yearly for nine 
years, during which period he alleged the chief had wrongfully occupied the 
lands. The court ordered Johnstone to remove from the lands and to pay 
Lord Carlyle for his wrongful occupation since the decease of his brother, 
William Johnstone, and for damages, 40 merks. Power was given to distrain 
the goods of Johnstone for the amount, but it was still unpaid in 1503. 1 

In the following year, 1476, Johnstone by special mandate from the 
king conjoined with Sir Eobert Crichton of Sanquhar and others in defending 
Edward Livingston of Bowcastle against an act of molestation by William, 
third Lord Crichton. Livingston, since the death of his brother twenty-two 
years before, had held the lands of Minnygap, Crunzeanton, Mollin and 
Eahill (Eaehills) ; but now Lord Crichton vexed and troubled him and his 
tenants in their possession, and demanded rent from the latter. Johnstone 
and the others named were to secure Livingston in his possessions, and see 
that his tenants paid their rents to him. 2 The royal interposition on 
behalf of Livingston, however, does not appear to have been effectual, as in 
January 1478 William, Lord Crichton, granted the lands to his own brother, 
Gavin^Crichton. 3 

On 11th June 1478, Johnstone is named as a probable witness in a 
question between Walter Tweedie of Drummelzier and Adam Cockburn of 
Scraling as to the possession and value of a silver cup with a double-gilt 
silver cover, which Cockburn had pledged for twenty merks. 4 In the 
following March Johnstone himself was a defendant in regard to a claim 
made against him by Archibald Carruthers of Mouswald, apparently his 

1 Acta Auditorum, p. 40 ; Annandale 3 Registrum Magni Sigilli, vol. ii. No. 
Peerage Evidence, 1876, p. 35. 1439. 

2 Royal mandate, 26th October 1476, 

printed in Minutes of Evidence, p. 31. 4 Acta Auditorum, p. 65. 



xxii JOHN JOHNSTONE OF JOHNSTONE, 1454-1493. 

son-in-law. Carruthers sued for £120 in terms of an agreement between 
his father and Johnstone, while the latter pleaded that the lands of Elliot 
[Eliok ?] had not been secured to his daughter, a condition to be fulfilled 
before the money was paid. The court ordered the lady to be infeft in 
the lands and the £120 to be paid, allowing, however, a proof that £40 had 
already been paid. 1 

In June 1480, Johnstone was concerned in an action and counter-action 
between himself and William Stewart of Castlemilk. He sued Stewart and 
his son, with others, for spoliation from the lands of Middleshaw of five 
cows and oxen. Stewart alleged that he and his son were acting under a 
warrant from the lady of Castlemilk, who was entitled to rent from the lands, 
but as they failed to produce their authority, they were ordered to restore 
the cattle, and to repay any rent taken. In the counter-action, William 
Stewart of Castlemilk accused Johnstone of wrongfully withholding £100, 
and also the lands of Middleshaw and Broomhill, mortgaged to him for that 
sum. It is stated that Johnstone withheld the lands because a marriage 
proposed between Stewart's son Alexander and Elizabeth Stewart had not 
been completed. After hearing parties the lords of council decided that 
Johnstone should give up to William Stewart the lands in dispute without 
receiving any money on the reversion, and with the necessary charters and 
evidents, because the marriage had not been completed ; but all rents and 
profits drawn by Johnstone from the lands since they were mortgaged were 
to remain with him, because of the aid he had given to Stewart for recover- 
ing the lands and the goodwill he had shown towards the proposed marriage, 
although it had not taken effect. Elizabeth Stewart ultimately married 
Eobert Carruthers ; and the chief of Johnstone was present as a witness at 
an inquest held to serve that lady as heir of her grandfather, Archibald 
Stewart of Castlemilk, in the lands of Middleshaw on 6th July 1484. 2 

1 Acta Auditorum, p. 74. 12th March 1478-9. 

2 Ibid. p. 139*. 20th May 14S4. 



JAMES JOHNSTONE, YOUNGER, 1 478-1 488. xxiii 

The latest reference to John Johnstone of Johnstone in the judicial 
records occurs on 5th February 1492-3. In presence of the lords of council, 
George, Lord Seton, becomes surety that John, Lord Carlyle, and his spouse, 
shall be harmless of Johnstone, and the latter became surety that John, 
Lord Carlyle, and his spouse, should be harmless of William Carlyle, his 
apparent heir, both under a penalty of one thousand crowns. 1 

It has not been satisfactorily ascertained who was the wife of John 
Johnstone, but he had one son, James, who predeceased him, without having 
been feudally vested in the Johnstone estates. He had also one daughter, 
apparently married to Archibald Carruthers of Mouswald. 

A lady of the border name of Janet Hemes was the mother of his 
younger son, John Johnstone of Wamphray, who received, in 1476, from his 
father the lands of Wamphray. 2 Janet Hemes may have been Johnstone's 
lawful wife and the mother of his elder son James as well as of John. John 
of Wamphray had a son also named John, but the latter died without issue 
by his wife, Katherine Boyle, who survived him. 3 



IX. — James Johnstone, younger of Johnstone, 1478-1488. 

James Johnstone received from his father John an annualrent of five 
merks Scots out of a tenement in Dumfries on the 8th of June 1478. 4 The 
notices of him are excessively meagre; in fact the only other authentic 
reference to James is in connection with the family arrangement made in 
the year 1484, whereby John Johnstone, the elder son of James, and the 
elder grandson of John, was put in possession of the family estates. King 

1 Acta Dominorum Concilii, p. 273. 3 Ibid. pp. 90, 91, 2S1. The John John- 

2 Anuandale Peerage Minutes of Evidence stone of Wamphray, in 1511, and who married 
(1876), p. 90. The precept of sasine states Katherine Boyle, appears to have been a son 
that John Johnstone was the son of John of the first John Johnstone of Wamphray. 
Johnstone of that ilk " et Janetam Heris," but 4 Instrument of resignation in Charter- 
the words " meain sponsam " are not added. chest at Terregles. 



xxiv JAMES JOHNSTONE, YOUNGER, 1478-1488. 

James the Third granted a charter in favour of " John Johnstone, son to 
James Johnstone," of the lands of Johnstone and others. Neither that 
charter nor the instrument of sasine following upon it can now be found in 
the Annandale charter-chest. But in an inventory of the Annandale muni- 
ments which was carefully prepared in the year 1744, and is still the working 
inventory of the estate muniments, the charter and sasine in favour of John 
Johnstone, son of James, are described in the following entry ; — 

" Item, instrument of sasine proceeding upon a charter granted by the king 
in favours of John Johnstone, son to James Johnstone, of the lands and tenement 
of Johnstone, Kirkpatrick-Fleeming, and Camvartsholm, with the pertinents, lying 
in the lordship of Annandale and sheriffdom of Dumfries, dated 13th September 
1484. James Fawside, notary thereto." 1 

As stated in the preceding Memoir, John Johnstone of Johnstone 
materially aided the forces of King James the Third at the battle of Loch- 
maben on 22d July 1484. The king liberally rewarded Kirkpatrick, the 
actual capturer of Douglas, as well as others who fought for their sovereign. 
As John Johnstone was one of the most zealous of the royal followers, 
he received from King James the Third a new crown charter of the family 
estates in favour of his grandson, John Johnstone, son of James Johnstone, 
so named only, and not of Johnstone. On that charter sasine was taken 
on 13th September 1484, being only about two months after the battle 
of Lochmaben. The original charter is now lost, having probably been 
burned in the great conflagration of Lochwood Tower in the followim>' 
century, but no doubt it contained advantages as to the terms of the hold- 
ing and the crown rents. John, the grandfather, was at the date of that 
charter, in 1484, far advanced in years, and he had desired that the king 

1 Original large folio inventory in Annan- deleted and corrected to James, and James 

dale Charter-chest. Two imperfect copies of deleted and corrected to John. — [Minutes of 

that entry were produced from the Wester- Annandale Peerage Evidence, 1877, pp. 248, 

hall Charter-chest. One of those entries is 286.] 
so inaccurate as to have the name of John 



JOHN JOHNSTONE OF JOHNSTONE, 1484-1488. xxv 

would accept of his young grandson John, in place of the grandfather and 
his son James, to hold the estates, and represent the family, the grandfather 
probably retaining a liferent. There is no document which shows that 
James, the son, was ever invested in the family estates or represented 
the clan as their chief. Certain peerage-writers, however, misunderstanding 
the evidence afforded by the sasine of 13th September 1484 above quoted, 
have represented James as having been proprietor of Johnstone. 

X. — 1. John Johnstone of Johnstone, 1484-1488. 

Although James Johnstone, younger of Johnstone, never was proprietor 
of the lands of Johnstone, nor attained to the position of chief of the clan 
Johnstone, but died in the lifetime of his father, he had two sons John 
and Adam. 

This John Johnstone possessed the lands of Johnstone for a briefer 
period than any of his predecessors. He was infeft in them on 13th 
September 1484, as shown in the preceding Memoir of his father, James ; 
and he must have been dead before 24th May 1488, when his brother, Adam, 
was served heir to him. The succession of Adam, his brother, as heir to 
this chief of the family, is sufficient evidence that John Johnstone of 
Johnstone left no surviving children. 

X. — 2. Sir Adam Johnstone of Johnstone, knight. 
Marion Scott, his Wife. 

1488-1509. 

Adam Johnstone was infeft in the lands of the tenement of Johnstone, 
Kyrkpatrik-Flemyng, Cawartholme, all in the stewartry of Annandale, on 
24th May 1488, in terms of a charter and precept from King James the 
Third, which describe him as "son of James Johnstone" simply, and not of 

VOL. i. d 



xxvi SIR ADAM JOHNSTONE, KNIGHT, 1488-1509. 

James Johnstone of Jolinstone — as the latter would have been if he had 
inherited the estate. 1 Adam Johnstone was defendant in an action against 
him as brother and heir of the late John Johnstone of that ilk. 2 In 1494 
he was required by the lords of council to recompense to Tassy (Eustace) 
Maxwell twenty-one sheep valued at 4s. 6d. each, which had been carried off 
by a certain John Johnstone, for whom he was surety. 3 

At a later date, in 1498, Adam Johnstone was concerned in a more 
serious affair, being one of the leaders of a band of sixty men who made an 
attack on the house of Glendinning in Eskdale. The laird of Glendinnin" 
was sheriff of Eskdale, and private revenge may have prompted the outrage, 
but Johnstone and his accomplices are charged with seizing the place " under 
silence of night," and committing considerable depredation. They forcibly 
entered the building and carried off four horses, fourteen cows and oxen, 
with bedding, napery, silver spoons, pots, pans, and other goods, to the value 
of 100 merks. It would appear that the horses were valued at £40, and that 
two candlesticks and a goblet were among the spoils. The marauders were 
summoned before the lords of council, but it does not appear that they were 
punished, though some compensation appears to have been given. 4 

Various appearances made by Adam Johnstone before the lords of 
council were not on his own account, but as surety for delinquent members 
of his clan. One such case has been cited, and another is recorded in 1503 
where he is required as the surety for certain clansmen to restore to Thomas 
rorteous of Hawkshaw forty-eight cows valued at forty shillings each, 
seven horses and mares each worth the same sum, and goods valued at £40, 
of all which Porteous had been plundered. The original marauders had 

1 The charter is not extant nor recorded ; July 1494. About the same date he paid 
but the sasine still exists in the Annandale 200 merks to the crown for the ward and 
Charter-chest. marriage of the laird of Wamphray. [Trea- 

2 13th February 14S9-90 ; Acta Audi- surer's Accounts, vol. i. p. 211.] 

torum, p. 137. i Ibid. 21st November 149S ; Pitcairn's 

3 Acta Duminorum Concilii, p. 372, 11th Criminal Trials, vol. i. p. 41*. 



PRESENT AT BATTLE OF LOC'HMABEN, 1484. xxvii 

received a remission from King James the Third, and Johnstone had then 
been named as their security for restoration of the goods, but this apparently 
had not been made, hence the action, the end of which not stated. 1 

About the same date, Sir Adam Johnstone was also declared to be respon- 
sible for the sum of 40 merks which his grandfather had been adjudged to pay 
to John, first Lord Carlyle. 2 In 1504 Sir Adam and his son James are accepted 
as sureties, the one for the other, that the Mu'rrays of Cockpool were to be free 
from attack by them or their adherents. 3 At the same time he and his wife, 
Marion Scott, were challenged by the officers of the crown for wrongfully 
labouring the lands of Polcornell, Whiterig, Appletreewhat and Langwoodend. 
These lands had belonged to the late Sir Simon Carruthers of Mouswald, 
and were in the hands of the crown as ward-lands during the minority of 
his heir. Marion Scott, however, the widow of Archibald Carruthers of 
Mouswald, appears to have laid claim to the lands, in which Johnstone, 
now her husband, had thus an . interest. Johnstone and his wife were 
required to produce the evidences of their rights over the lands, failing 
which they were to desist from the cultivation of them. 4 

In January 1509 a decree of the lords of council was given against Sir 
Adam Johnstone under circumstances which appear to connect him with the 
conflict at Lochmaben on St. Magdalen's day, 1484. At that battle John 
Kirkpatrick, son of John Kirkpatrick in Heslybray, had taken prisoner an 
Englishman named William Musgrave. This man had been liberated for 
eighty "angell nobillis of gold," which had been paid to William Irvine of 
Bonshaw, for whom Sir Adam Johnstone became security that he would hand 
the ransom to Kirkpatrick. This, however, had evidently not been done, and 

1 Acta Auditorurn, 14th February 1502-3. No. 2699.] 
Sir Adam Johnstone was, on 2d August 1502, 2 15th February 1502-3. Minutes of Evi- 

at Edinburgh, where he witnessed a charter dence in Annandale Peerage (1876), p. 35. 
by Robert Corsby of Owlcotes to a servant of 3 13th August 1 504. Ibid. (1S80), pp. 989, 

Lord Maxwell's, that nobleman being also 990. 
present. [Begistrum Magni Sigilli, vol. ii., 4 27th August 1504. Ibid. pp. 993, 994. 



xxviii JAMES JOHNSTONE OF JOHNSTONE, 1509-1524. 

in 1509 Kirkpatrick sued Johnstone for the amount, which he was adjudged 
to pay, but the money was still unpaid at his death, a few months later. 1 

The last appearance on record of Sir Adam Johnstone is as a witness to 
a charter by John, Lord Maxwell, granting various lands to the archbishop 
of Glasgow, dated at Edinburgh, 2d May 1509. 2 In that charter Johnstone 
is described as a knight. 

Sir Adam Johnstone died between 2d May 1509 and 2d November same 
year, on which date James Johnstone, his son and heir, received a charter of 
the lands of Johnstone and others. 3 Marion Scott, who is named as the 
wife of Sir Adam Johnstone in 1504, was the widow of Archibald Carruthers 
of Mouswald, who was alive in June 1484. 4 She survived her second 
husband, and was alive in March 151 1. 5 Sir Adam Johnstone had issue, so 
far as is known, two sons : first, James, who succeeded him, and of whom a 
memoir follows ; second, William, who, in a lease by John Lindsay of 
Covington, of date 9th March 1519-20, is described as brother of James 
Johnstone of that ilk. No other mention of William has been found, and 
he is not named in the entail of the Johnstone lands made by his nephew in 
1542, and as no descendants of William are known to exist, the probability 
is that he died without issue. 

XI. — James Johnstone of Johnstone. 

Mary Maxwell (of Maxwell), his Wife. 

1509-1524. 

This James Johnstone is first mentioned in 1504, when he and his father 
appear as mutual pledges for each other. He does not again occur on 
record until November 1509, when, after his father's death, he received from 

1 llth March 1510-11. Minutes of Evi- 3 Registrum Magni Sigilli, vol. ii. No. 3382. 
dence in Annandale Peerage (1876), p. 38. 4 Ibid. No. 1587. 

6 llth March 1510-11. Minutes of Evi- 

2 Registrum Magni Sigilli, vol. ii. No. 3330. dence in Annandale Peerage (1876), p. 38. 



THE TOWER OF JOHNSTONE OR LOCHWOOD, 1509. xxix 

King James the Fourth, for his many good and faithful services, a charter of 
the lands of Johnstone, with the advowson of the parish church, and the 
lands of Kirkpatrick, including Dunskellie and Caversholm, and the lands 
of Wamphray. 1 In that charter the tower and fortalice of Johnstone are 
mentioned for the first time in a royal charter. The stronghold of Johnstone 
or Lochwood, as it was called, is, however, referred to as the residence of 
John Johnstone of Johnstone in 1476, and, according to the tradition of 
the family, it was erected in the fourteenth century. But any earlier records 
or charters relating to it were probably burned along with the fortress itself 
in 1585, when the charter-chest was consumed, and the date of its original 
building cannot now be ascertained. 

The charter is in the terms of a regrant, as the lands had been apprised or 
confiscated to the king to secure payment of certain fines and amercements 
inflicted by the justiciary court upon the late Adam Johnstone and those 
for whom he was responsible. These sums the king now discharged to 
James Johnstone as heir of Adam, and granted the estates in the same form 
of holding as before the apprising. 

In the year 1511 James Johnstone was sisted, as heir to his father, defen- 
der in the action, in the supreme civil court, at the instance of John Kirk- 
patrick, for the ransom of William Musgrave, as narrated in the previous 
memoir. In the following year he was fined for not producing before the 
court of justiciary certain members of his clan and others, for whom he 
was held responsible, probably as one of the deputy wardens of the West 
Marches under Lord Home. The crimes committed were chiefly murders, 
and the amount of fines for which James Johnstone was held liable was £600 
Scots, the culprits themselves being declared outlaws and their goods forfeited. 2 

On the resignation of Robert, fifth Lord Maxwell, brother-in-law of 
James Johnstone, he received a charter by King James the Fifth, with 

1 Charter, dated 2d November 1509 ; Registrum Magni Sigilli, vol. ii. No. 3382. 

2 5th April 1512 ; Annandale Peerage Minutes of Evidence (1SS0), p. 990. 



xxx JAMES JOHNSTONE OF JOHNSTONE, 1509-1524. 

consent of John, Duke of Albany, regent, of the four merk lands of Quhit- 
riggs and Mekilhouse ; also the lands of Lund, Ersgills, Peatsehaws, and 
others, along with the patronage of the church of Corrie, in the stewartry of 
Annandale. The charter is dated at Edinburgh, 27th October 1516. 1 

Little further is known of the history of James Johnstone. He is named 
as a procurator by William Johnstone of Escheles and Esby for resigning 
certain lands into the hands of King James the Fifth. 2 Luring the years 
1520 and 1521, Johnstone entered into several arrangements with John 
Lindsay of Covington, who granted to him first a lease of the eighteen 
merk land of Polmoody in Moffatdale for nineteen years at a yearly rental 
of eighteen merks, and afterwards a charter of them. The Murrays of 
Cockpool held a mortgage over Polmoody, but the reversion was assigned 
to Johnstone for 300 merks. The lands were to be held from Lindsay 
for a silver penny, and of the king for a red rose at midsummer. 3 

James Johnstone of Johnstone was, on 15th May 1523, appointed one of 
the keepers of the West Marches of Scotland, probably as a deputy to his 
brother-in-law, Lord Maxwell, who was warden. He died in August of the 
following year, and was succeeded by his eldest son. His wife's name has 
not been ascertained, but she was probably Mary, eldest daughter of ' John, 
fourth Lord Maxwell, as in 1528 John Johnstone, son of this James 
Johnstone, is described as " sister's son " to Kobert, fifth Lord Maxwell. The 
issue of that marriage was six sons. 

1. John, who succeeded his father in the Johnstone and other estates, and of 

whom a Memoir follows. 

2. Adam Johnstone, who received the lands of Corrie from his father, and 

was designated Adam Johnstone of Corrie. The barony of Corrie 
formed the greater part of the ancient parish of Corrie, which has been 

1 Annandale Peerage Minntes of Evidence (lS7fi), pp. 38, 39. 

2 Original proeuratory, dated September 1521, in Annandale Charter- chest. 

3 Original writs, ibid. 



CHILDREN OF JAMES JOHNSTONE AND MARY MAXWELL. xxxi 

annexed to the adjoining parish of Hutton, and both are situated in the 
stewartry of Annandale and county of Dumfries. Adam Johnstone of 
Corrie died in 1544, leaving a son, James, whose grandson, George 
Johnstone, resigned, in 1623, his rights in Corrie to Sir James Johnstone 
of Johnstone, and received in exchange the lands of Girthhead. The 
male line of the Johnstones of Corrie and Girthhead ended about the 
year 1750, and they were then represented by four co-heiresses. 

3. William Johnstone, who, in a crown charter, is designated brother-german 

of John and Adam. 1 He is also referred to in a contract of date 9th 
July 1558, 2 but nothing further is known of him. 

In the competition for the Annandale peerage Mr. Edward John- 
stone of Fullford Hall claimed, without careful investigation, to prove 
that this William was his ancestor ; but his claim was held by the House 
of Lords not to have been made out. Indeed, the Lord Chancellor held 
that the William Johnstone of Gratney from whom Mr. Edward John- 
stone claimed descent was not a Johnstone of Annandale at all. 

4. John Johnstone. He is designated as brother-german of his elder brothers, 

John, Adam, and William, in a crown charter of 1542-3, but except a 
reference to him in the Treasurer's Accounts of December 1543, when he 
received money to buy a horse, nothing further is known of him. 

5. Simon Johnstone, who is also referred to in the charter of 1542-3, but re- 

garding whom nothing further has been ascertained. 
e.^James, not named in the charter of 1542-3, but is referred to in 1561 as 
a brother of John Johnstone of Johnstone. He held the lands of 
Wamphray, Pocornell, and others. By his wife, Margaret M'Lellan, he 
had issue, but his male line ended in 1656 with the death of John 
Johnstone of Wamphray, who left an only daughter, Janet Johnstone. 3 
Besides these, the abbot of Soulseat was a son of James Johnstone. If not 
identical with John, the son above-named, he must have been a natural son. 
Lord Wharton in 1548 refers to him as James Johnstone; while in a family 
contract of 1558 he is styled John Johnstone. Lord Wharton may have made a 
mistake, or James, abbot of Soulseat, may have died before 1558. 4 

1 Registruni Magni Sigilli, vol. iii. No. * Ibid. 1876, pp. 89, 701-705. This laird 
2874, 2d March 1542-3. had two natural sons, David and John, 

2 Annandale Peerage Minutes of Evidence, in favour of whom was passed a charter of 
1876, pp. 88, S9. legitimation under the great seal, dated 25th 

s Ibid. 1881, pp. 1083, 1144-1152. April 1543. [Ibid. 1SS0, p. 823.] 



xxxii JOHN JOHNSTONE OF JOHNSTONE, 1524-1567. 



First Johnstone Warden of West Marches. 

XII. — John Johnstone of Johnstone. 
Elizabeth Jardine, his first Wife. 
Nicola Douglas (Drumlanrig), his second Wife. 

1524-1567. 
chapter first. 

His early life — Border forays — Slays "Meikle Sym Armistrang" — Bonds with Lord Max- 
well — Imprisoned in Dumbarton Castle — Battle of Solway — Made warden of the West 
Marches — Death of King James the Fifth. 

This Johnstone chief, who held the estates for more than forty years, 
appears prominently as taking an active part in Scottish affairs. Owing to the 
greater fulness of record at the time, we can give his personal history with 
more detail than has been possible in regard to several of his predecessors. 

He was born in the year 1507, as appears from the fact that he was a 
ward of the crown for four years after his father's death ; but he is mentioned 
in 1525 as a member of the king's council, showing that very soon after his 
accession to the estates he was active in public affairs. The next notice of 
him is in a private document, a bond by which he obliges himself to maintain 
and assist Kobert Graham of Thornick, a neighbour borderer, in all causes, 
in return for manrent services. 1 

The Johnstones were now become a very powerful clan, and the friend- 
ship of their chief was much sought after, while, on the other hand, he 
was a formidable rival to Lord Maxwell. This latter fact led, in a later 
generation, to a deadly feud between the two families, and even at this 
early period a jealousy had arisen on the part of Lord Maxwell, who had 

1 16th December 1526. Original Bond in Annandale Charter-chest. 



SLAUGHTER OF " MEIKLE SYM ARMISTRANG," 1527. xxxiii 

entered into an alliance with the lawless clan of Armstrong, and now 
incited them to annoy Johnstone as much as possible. There was already 
a feud between the clans of Johnstone and Armstrong, which had been 
intensified by the slaughter of " Meikle Sym Armistrang" in 1527, by 
John Johnstone of Johnstone himself and his accomplices. In the early 
part of the following year the Earl of Angus, then chancellor of Scotland, 
made a warden raid upon Liddesdale to punish the Armstrongs, but was 
compelled to retire, as the Kerrs refused to assist him. The earl then 
procured royal letters outlawing the Armstrongs, but Lord Maxwell declined 
to allow the king's proclamation to be executed in his wardenry. Not only 
did Maxwell thus prevent the arrest of marauders, but, according to a letter 
from Lord Dacre, he " caused the said Armistranges to make a roode upon 
the lard of Johnston, his oune sister son, who is at dedely fede with theim for 
the killing of Mikill Sym Armistrang ; where they killed thre of his friends, 
and the Lord Maxwell hymself laye in a bushement to manteigne theim, pur- 
posely to have killed the saide lard of Johnston if he had pursued them." 1 

It was no doubt in retaliation for Lord Maxwell's conduct that in June 
of this year, 1528, John Johnstone made an attack upon the lands of 
Drumcow or Duncow, in the parish of Kirkmahoe, burning and despoiling 
them of goods and cattle. The lands were the property of the crown, but 
had been gifted to Lord Maxwell two years before, and their destruction 
was intended to hurt his interest. But the fact that the lands were crown 
property led to a charge of treason, not against Johnstone, but against the 
Eai'l of Angus, who with his brother and uncle were at this time dismissed 
from the royal favour. In the summons against the earl it was alleged that 
it was at his instigation, and because Johnstone was bound in service to him, 
that the lands were harried, and that the earl had given assistance in the 
matter. This charge was, however, indignantly denied, the earl's advocate 
declaring before the parliament that the earl knew nothing of Johnstone's 

1 State Papers of Henry VIII., vol. iv. p. 492; Lord Dacre to Wolsey, 2nd April 1528. 
VOL. I. E 



xxxiv JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

doings, and gave him neither assistance nor advice. It was further declared 
that " the truble that fell betwix the Lord Maxwell and the lard of John- 
s-toune" was not the crime of treason, but a neighbour's war; each of them 
burned the other's lands, and slew men and servants for his own private 
quarrel. As regarded the particular charge against the earl, it was pleaded 
that as neither of the principals (Maxwell and Johnstone) had been convicted 
of treason, no one could be convicted for assisting them. 1 

The affair was in fact treated as a mere episode in a private feud, and a 
few months later, in August 1528, we find Edward Maxwell, brother of 
Lord Maxwell, and Johnstone acting together when they " burned the mote 
of Liddale," part of the English king's land in " Nichol forest," apparently 
on the English border. 2 

In December 1528 and January 1529, John Johnstone was summoned 
to Edinburgh to consult with the king, first as to the state of the borders, 
and secondly as to the government of the country. The Earl of Angus and 
the heads of the Douglas party had been banished from Scotland, and a peace 
concluded with England, by which provision was made for subduing the 
lawless inhabitants of the borders, of whom the Armstrongs were specially 
obnoxious. It was to advise as to carrying this provision into effect that 
Johnstone, together with the Earl of Bothwell, Lord Maxwell, the laird of 
Buccleuch, and other border barons, were summoned to Edinburgh. In June 
of 1529 King James proceeded to the east marches, where better order had 
been kept since the truce, and at Peebles, on 25th June, the Earl of Bothwell, 
as warden, bound himself to secure tranquillity and good rule in Liddesdale. 3 

The king then directed his attention to the west marches, and on his 
return to Edinburgh, a number of those responsible for that district appeared 
before him to answer for their duties of wardenry. They first procured a re- 

1 Acts of the Parliaments of Scotland, vol. ii. pp. 323-325. 

2 State Papers of Henry viti., vol. iv. p. 507 ; Dacre to Wolsey, 13th September 152S. 

3 Acta Dominorum Concilii, 25th June 1529. 



JOHNSTONE WARDED IN DOUNE CASTLE, 1530. XXXV 

mission for themselves and all their dependants. They then obliged themselves 
by a formal bond not only to keep good rule in their respective bounds, but 
also to enter any dependant accused of crime, when required by the justiciary 
or justice clerk, on fifteen days' warning, under a penalty of £100 on each 
landed gentleman, 100 rnerks on each unlanded gentleman, and £40 on each 
yeoman, failing to keep the bond. These and other provisions of a similar 
kind were formally agreed to by the barons signing the bond, John John- 
stone of Johnstone being one of those who thus promised to keep order on 
the west marches. 1 Following upon this bond the king and council granted a 
general remission to the inhabitants of the district affected, including Annan- 
dale. 2 Lord Maxwell also, as warden, bound himself to rule the whole bounds 
of Dumfries and Annandale in accordance with the conditions of the bond. 

Previous to this, Lord Maxwell and John Johnstone had so far made up 
their differences that the latter granted to the former a bond of manrent, 
binding himself in the usual form to do service in return for a promise of 
maintenance. Lord Maxwell, on the other hand, obliged himself to assist 
Johnstone and to maintain him in his possessions, each of them taking the 
other's part against all except the king. 3 This bond tended nothing to the 
keeping good rule on the west marches, and in the following year, 1530, 
when the king decided to govern the borders himself, lie began by placing 
in ward all those who had been responsible. In May 1530 Johnstone was 
ordered to remain in Doune Castle during the king's pleasure. He was set 
at liberty in the following September, when he entered into a bond or 
protestation of fidelity to the government on receiving a remission for past 
offences. At the same time he gave in to the lords of council a formal list 
of those clans for whom he became bound that they should keep good rule. 

These were the Johnstones, the Dinwiddies, the."Lathamaris" (Latimers) 
the lairds of Knock, Thornik, Frenchland, and Duncreich, with their respective 

1 Acta Dominorum Concilii, 24th July 1529. - Ibid. 

3 Bond dated 11th February 152S-9. Annandale Peerage Minutes, 1S76, pp. 39, 40. 



xxxvi JOHN JOHNSTONE, FIRST WARDEN, 1521-1567. 

servants, the inhabitants of the towns of Lochmaben and Moffat, and others, 
including various families of the names of Grahame, Bell, Irving, and Moffat. 1 

Johnstone had already, sometime previous to that date, given evidence 
of activity, as on 8th August 1530 a sum of money was paid to him and 
Edward Maxwell as a reward for the head of a thief taken by them and 
sent to Edinburgh. Two years later he is specially chronicled as the taker 
of a most notorious marauder, known as George Scott of the Bog. He was 
apparently a native or a resident in Liddesdale, as he was excepted by name 
from a remission granted to the inhabitants of that district. It is said that 
his ravages excelled in cruelty, as he not only burned the houses of his 
victims but their wives and children alive. The king was so incensed at 
the cruel conduct of Scott that his Majesty resolved to inflict upon him the 
tortures he had^ caused to others, and sentenced him to be burned alive at 
a stake, which was done, calling forth from the chronicler the comment 
" quhilk deid was neuer sene in this realme of befoir, nor will not be heirefter." 2 

In 1534 Johnstone is referred to in connection with a murder committed 
by some members of his clan, John Bell of " Cowssethill " and William 
Johnstone of Lockerbie, upon one of the Armstrongs, no doubt an act of 
retaliation. Lady Dacre, who reports the event to her husband, states that 
they lay in wait at Lochar-foot for " Bowe Armestrange, Bed Dande son," 
chased him through Blackshaw and slew him in Carlaverock mire. The 
lady adds that Lord Maxwell, who favoured the Armstrongs, is greatly 
displeased, while Johnstone wished the murderers to be received in 
England. 3 In June 1536 also, some of the Johnstone clan fought a duel in 
presence of King James the Fifth himself against two men named Moffat 
and a third called " Gyrie Panago." The victory remained with the John- 

1 16th September 1530. Annandale Peer- G'arruthers of Mouswald. [Reg. Sec. Sig., 

age Minutes of Evidence, 1S80, p. 991. The vol. ix. 3, 152.] 

laird, also, on 11th April 1531, received a 2 1532, Diurnal of Occurrents, p. 15. 

grant of the ward and marriage of Symon 3 Letters and Papers, etc., Henry vm., 

Carruthers, son and heir of the late Symon vol. vii. No. 252. February 1534. 



ROUT OF SOLWAY MOSS, 1542. xxxvii 

stones, though one of their number was slain, while Panago and one of the 
Moffats were killed. 1 

For some reason not now known, Johnstone incurred the king's 
displeasure, and, in March 1541, was ordered to durance in the fortress 
of Dumbarton. A number of sureties bound themselves on his behalf that 
lie would remain in ward in the town of Dumbarton under a penalty of 
10,000 merks. His restraint was so far relaxed in the month of May follow- 
ing that a mile round the town was prescribed as his limit under a penalty 
of £10,000. He remained still in confinement until the beginning of Decem- 
ber 1542, when he was released to take a command on the borders. 2 

He was thus still in Dumbarton at the date of the rout of Solway Moss, 
but that event no doubt led to his release. Only three days later a letter was 
issued by the king in his favour, appointing him virtually warden of the 
west march in the absence of Lord Maxwell, who had been made prisoner. 
The commission simply speaks of " the absence " of Lord Maxwell, and of his 
son's " infirmete," whereby the " west marches and bordours of our realme ar 
destitute of ane wardane and gyder." It appoints Johnstone to see that " the 
cuntre be wele rewlit," and due resistance be made to England, and all his 
servants and dependants were required to attend upon him in his new capacity. 3 

The death of King James the Fifth, however, which took place in the 
following month of December, somewhat changed the state of affairs. The 
prisoners taken at Solway were liberated on certain conditions, and Lord 
Maxwell soon returned to Scotland, while his son Eobert, Master of Maxwell, 
went to England as a hostage in his stead. Before the latter left Scotland 
he granted to Johnstone a bond of manrent, or rather a bond of maintenance. 
It narrated that Johnstone was bound in manrent to Lord Maxwell before 
the imprisonment of the latter, an obligation which was still binding, and 

1 Diurnal of Oecurrents, pp. 20, 21. 3 Original Letter, 28th November, vol. ii. 

of this work, pp. 3, 4, followed by another 

2 Hamilton Papers, vol. i. pp. 321-324. dated 29th November 1542. 



xxxviii JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

which Johnstone was bound to keep to the Master of Maxwell during his 
father's absence. In return for the services due the Master of Maxwell 
promised to assist Johnstone in all his affairs, and to give him, until Lord 
Maxwell's return, the profits of the ten rnerk land of Dryfesdale and other 
benefits. 1 In terms of the above bond and of previous similar obligations, 
Johnstone's appointment as warden ceased after the return of Lord Maxwell 
to Scotland. 



CHAPTER SECOND. 

Opposes English inroads — Burning on the lands of Milk — Capture of Johnstone by ambush, 
1547 — Sent prisoner to Carlisle — House of Lochwood made an English garrison — 
Raids of garrison— Laniington burnt — Johnstone removed from Carlisle to Pontefract 
■ — Narrative of his imprisonment — Release from imprisonment, circa 1550. 

From the letters of the English wardens contained in the " Hamilton 
Papers" recently published, it appears that the conduct of Johnstone gave Sir 
Thomas "Wharton a good deal of anxiety. He found it impossible to secure 
Johnstone in the same way as he did Maxwell to King Henry's service, 
though he threatened to do Johnstone a " displeasure " if he did not comply. 
But Johnstone was too stedfast and sturdy a Scotsman to be seduced to the 
English interest against his native country. 2 

In February 1544, Johnstone approved his hostility to England and his 
zeal in defence of his own country by mustering his men, and checking one 
of the English warden's destructive raids into Annandale. These raids 
became a prominent part of Henry's policy, and Wharton was one of the 
most active instruments for their execution. But on this occasion he writes, 
with no small chagrin, that his progress had been interrupted. He tells how 
a party under his command burned the town of Annan " more seurly " than 
before, and also how a number of houses and steadings were destroyed. Then 

1 Bond dated 3rd January 1542-3, Annandale Peerage Minutes of Evidence, 1881, p. 10S2. 

2 Hamilton Papers, vol. i. pp. 555, 579 ; vol. ii. pp. 129, 136, 169, 184. 



ENCOUNTERS THE ENGLISH AT LOCKERBIE, 1544. xxxix 

Johnstone appeared with about 700 men, and although the English warden's 
force consisted of 3000, the Scots were able to cause such "mysorder" that 
the raid to a great extent miscarried. "Wharton writes that they lost no 
men, and brought home twenty prisoners, but he desires that in the mean- 
time no more " wardayn roodes " may be ordered. 1 Shortly after this more 
active and larger expeditions were made by the English, and Wharton had 
his revenge, for one foray, in April 1544, upon Johnstone's lands on the 
Water of Milk resulted in the burning of threescore houses, with "muche 
good corn and catail," while the marauders carried off ten prisoners, eighty 
nolt, twelve horses, and other property. 

About the same time, an encounter took place between the Scots and 
English at Lockerbie, in which the Johnstones took part, though it is not 
said that Johnstone was there in person. The conflict was a very sharp one, 
and the Scots appear to have had the best of it, taking a number of prisoners. 2 
Following upon this Lord Maxwell, to Wharton's great disgust, made a 
sudden agreement with Johnstone, although a little while before the English 
warden had described them to the Earl of Hertford as deadly enemies. " I 
have hard," he says, " Robert Maxwell hym self soundre tymes say so, and 
speak anempst the Lard Johnston the worst wordes that could be said, and 
thretenyd that he wold cause hyme to be slane. A litle afore the Lord 
Maxwells cummyng to your lordshipe they wer ennemyes." It would 
appear that a message from Lord Maxwell, sent by John Maxwell of Cow- 
hill, was the cause of this sudden reconciliation. 3 Wharton was more than 
ever embittered against Johnstone on this account, and he wrote to Hertford 
that he would "do no lesse then to thuttermost" for the annoyance of John- 
stone and his adherents, who were to be the first to suffer. 

From the English warden's account of a remarkable interview and con- 
versation with Sir Walter Scott of Buccleuch, we learn that Johnstone was 
conjoined in a league with Buccleuch and other border chieftains all bound 
1 Hamilton Papers, vol. ii. pp. 281, 282. 2 Ibid. pp. 725, 726. 3 Rid. p. 735. 



xl JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

together, so that they might act either for or against England, but their 
inclinations were in favour of their own country. 1 

In June 1545 Johnstone was a member of the parliament held at Stirling, 
which without one dissentient pledged the country to an alliance with 
France against England, and to the invasion of the latter country. 2 At the 
same time Johnstone, with several others, became surety for Eobert, Master 
of Maxwell, that he would keep the castles of Carlaverock, Lochmaben, and 
Thrieve for the queen and governor against the English, until Lord Max- 
well's return from England, where he was again a prisoner, or until an over- 
whelming English force was brought against him. The sureties also bound 
themselves to have no intelligence nor intercourse with England. 3 

The Master of Maxwell, however, was unfortunately taken prisoner in 
September 1545, and Lord Maxwell, who was liberated, was coerced into 
giving up Carlaverock to the English, who took possession of it in October of 
the same year. The tower of Langholm was already in their hands, but 
efforts to recover it were made by the neighbouring barons, among whom 
Johnstone was especially active. We learn this from the correspondence of 
the English wardens, and in October Lord Wharton reported that Johnstone, 
with the lairds of Drumlanrig and Lochinvar, was keeping a great watch, by 
sea and land, day and night, round the castle of Carlaverock. Another letter 
states that Johnstone and his colleagues had received a letter from the Scottish 
regent thanking them for their services against the defenders of the castle of 
Carlaverock, and exhorting them to be of good cheer, as he meant to join 
them soon and reward them. The expedition referred to was delayed, but 
ended in gaining the castles of Lochmaben and Thrieve for the Scottish 
interest. 4 Wharton wrote at the same time that Lochinvar and Johnstone 
were the greatest enemies of Lord Maxwell in the west of Scotland, their 

1 Hamilton Papers, vol. ii. pp. 46S, 491. 3 Register of the Privy Council, vol. i. p. 9. 

4 Diurnal of Oceurrents, p. 41 ; State 

2 Acts of the Parliaments of Scotland, Papers, vol. v. pp. 491, 552 ; The Book of 
vol. ii. p, 595. Carlaverock, vol. i. p. 202. 



WHARTON ATTEMPTS TO BRIBE JOHNSTONE. xli 

enmity arising from their wish to supplant him in his offices, the one in 
Galloway, and the other in Annandale. The wily English warden lost no 
opportunity of using this feeling for the advancement of his master's 
interests, by preventing the Maxwells and the Johnstones from combining 
cordially in defence of their country. In the previous February he had 
boasted to Lord Shrewsbury that he had long endeavoured to stir up discord 
between Johnstone and the Master of Maxwell, and that a feud had broken 
out betwixt them, which the Scottish privy council had in vain tried to 
settle. He had offered Johnstone three hundred crowns as a bribe for him- 
self, one hundred for his brother, the abbot of Soulseat, and one hundred for 
his followers, if they would put the Master of Maxwell in the warden's 
power. The writer states that Johnstone had entered into the plot, but that 
he and his friends " were all so false " that no confidence could be placed in 
them. But he would be glad to annoy and entrap the Master of Maxwell or 
Johnstone to the king's majesty's honour and his own poor honesty. 1 

In November 1545, the Scottish army assembled at Dumfries, and Loch- 
maben and Thrieve were retaken from the English, but Carlaverock continued 
in their possession till May 1546. In the following April 1547, the English 
privy council, in a letter to Dr. Wotton, their ambassador in France, 
announce, among other Dews, that the Scots of late having made many cruel 
incursions, the warden of the west marches, Lord Wharton, had been com- 
pelled to make reprisals, and had taken Johnstone in an ambush. 2 "We have 
a full narrative of this exploit from the warden himself in a letter to the 
Duke of Somerset, lord protector of England. 

Lord Wharton had received overtures from several Scotchmen in Annan- 
dale to serve the English king, and these he resolved to use for his own 
purposes. Among others two hundred of the name of Irving had offered 
their service, and boasted that " except the bodies of the lard Johnstone and 

1 Wharton to Shrewsbury, 10th February 1544-5. 

2 Calendar of State Papers, 1547-1553, p. 11. 

VOL. I. F 



xlii JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

John Maxwell," they would compel every one from the English border to the 
town of Dumfries to serve the king, if " they myght have sume enterteigne- 
ment, being, as they said, in povertye." This conversation was reported to 
Johnstone, who had recently returned to Lochwood from Edinburgh, and 
he immediately summoned before him the chiefs of the Irvings. He told 
them he had heard of their suit to the English warden, and promised, in the 
name of the governor Arran, that they would be well recompensed for the 
damage done to them, adding that the governor was to be at Lochmaben with 
his whole force in a few days, 1 so that no suit need be made to Wharton. 
This interview led to a dispute, some of the Irvings accepting Johnstone's 
proposals, while others doubted him, and adhered to the English warden. 

Hearing that Johnstone was then at Lochwood, Wharton resolved on a 
bold stroke, which may be related in his own words : — 

" I caused, upoun Shyr Thursdaye 2 in the mornyng, knowing hym (Johnstone) 
to be at home, to trape hym if I colde, fortye lyght horsmen of Langholme to 
burne a towne called Wamfraye halfe a mylle from his house of Loughwod, and 
appoynted the capitaign of Langholm with the rest of the garyson to lye in ambushe 
for the relefe of those ; and thinkyng that the lard Johnstone wold come to the 
furst to \yew them, and so he dyd and persued them sharplye to their ambushe, 
and he being an over partye to them boothe as I thought he wold, and to gyve 
hym a mor boldnes to persue those tryed men, thynkyng them to have na 
mor releife, which he dyde, and the garyson being princypall men defended them 
verey straytlie ; he tooke dyvers of the garyson and persued the capitaign and 
others thinkyng to have all. I appoynted my son Henry Whartone and John 
Musgrave with the nombre of thre hondrethe men to lye in a second ambushe 
who at ther tyme brook and ther gave the overthraw to the Scotis and haithe 
taken prisoneris the lard Johnstone, thabbot of Salsyde his brother, the lard of 
Corrye, the lard of Knok, the lord of Grauntton, the lard of Dunwedye and his 
eldest sone Gawen Johnstone, with others horsemen and footmen to the nombre 
of sevinscore and above." 

1 According to Wharton this interview 2 A name given to the Thursday before 

took place, either on the 2d of April or Good Friday, in this case the 7th of April 

shortly after, and the governor was to arrive 1547. 
before the 17th of the same month. 



JOHNSTONE TAKEN PRISONER BY THE ENGLISH, 1547. xliii 

Johnstone did not allow himself to be taken without a struggle, as 

Wharton states that three spears were broken upon him, and he received a 

wound in the upper part of the thigh. The letter further says : — 

" There was viij Scotis slayne and many hurte. Ther ar four Englisliemen 
hurt, never one slayne nor takyn. They brought awaye dyverse parcellis of 
goodes, nolte and sheipe. The prisoneris were takyne xiiij mylles within Scot- 
land from Langholme ; Archebald Armestrang, yong lard of Mangertone of Lydys- 
daill, is the taker of the lard Johnstone. I have hym, the abbot, and the princypall 
prisoneris with me in the town of Carlisle this Shire Thursday nyght ; yt may 
please your lordshipes to comand how the same shalbe ordered. The kyngis 
majestie now haith the Maxwellis and Johnstones his hignes prisoneris who 
haithe borne a gret reulle of the west partes of Scotland." * 

Within a few weeks after the capture thus narrated, the house of Loch- 
wood itself, now comparatively deserted, was seized by an English borderer 
and made the source of annoyance to the surrounding district. This was 
Sir Thomas Carleton of Carleton Hall, Cumberland, who had made himself 
very conspicuous as a lieutenant of Lord Wharton. He acted as captain of 
Carlaverock during its occupation by the English. In February 1547 he 
had, according to his own account, made " a road into Teviotdale and got a 
great booty of goods." He had then remained for some time at Canonbie, 
whence he went to Dumfries, where the people submitted to him, and after 
various other exploits in the neighbourhood, he and his men returned to 
Canonbie. After the capture of Johnstone, however, and the submission of 
the country, this leader, who tells his own story, began to consider Canonbie 
" to be far from the enemy," and as every one in his vicinity had changed 
sides, except the laird of Drumlanrig and Carlyle of Brydekirk, he " thought 
it good to practise some way we might get some hold or castle, where we 
might lie near the enemy." While thus practising, a man named Alexander 
Armstrong, " son to 111- Will Armstrong," told him, on the report of a resident 
in Annandale, that Lochwood, the late residence of John Johnstone of John- 

1 Original letter, dated 7th April 1547, in Peerage Minutes of Evidence, vol. i. pp. 703, 
Public Record Office, printed in Annandale 704. 



xliv JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

stone, " was a fair large tower able to lodge all our company safely, with 
a barnekin, hall, kitchen, and stables all within the barnekin, and was but 
kept with two or three fellows and as many wenches." 

The strength of the tower and its natural situation, surrounded by almost 
impassable marshes, apart from the fact that most of its defenders had been 
captured, may have led to its being left in so defenceless a condition. In 
any case Carleton resolved to take advantage of the opportunity and sallied 
forth with his whole troop, arriving in the vicinity of Lochwood an hour 
before sunrise. Most of his men lay concealed outside the wall, while about 
a dozen climbed over it, " stole close into the house within the barnekin and 
took the wenches and kept them secure in the house till daylight." Two 
men and a woman were in the tower, and at dawn one of the former, rising 
in his shirt, went to the tower head and seeing no one astir, he bade the 
woman who lay in the tower to get up and open the tower door and call up 
those that lay beneath. Then, adds Carleton, " she so doing and openinglthe 
iron door and a wooden door without it, our men within the barnekin brake 
a little too soon to the door : for the wench perceiving them leaped back into 
the tower and had gotten almost the wood door to, but we got hold of it that 
she could not get it close to. So the skirmish rose, and we over the barnekin 
and broke open the wood door, and she being troubled with the wood door 
left the iron one open ; and so we entered and wan the Loghwood." 

Having gained this important point, Carleton left Armstrong in charge 
and rode off to Carlisle where he reported his success to Lord "Wharton, who 
appointed him keeper of the fortress he had taken. It was well stocked with 
salted beef, malt, butter, and cheese, and was therefore very valuable as a 
centre of operation against the Scots. In this capacity Carleton made ample 
use of it. He writes, — 

" I continued there for some time, in the service of his Majesty as captain of 
that house and governor and steward of Annerdale under the Lord Wharton. In 
which time we rode daily and nightly upon the King's Majesty's enemies and 



LOCHWOOD USED AS AN ENGLISH GARRISON, 1547. xlv 

amongst others, soon after our coming and remaining there, I called certain of 
the best horsed men of the garrison, declaring to them I had a purpose, offered by 
a Scotsman which would be our guide, and that was to burn Lamington, which 
we did wholly, took prisoners and won much goods, both malt, sheep, horse, and 
insight, and brought the same to me in the head of Annerdale and there distri- 
buted it. . . . After that I made a road in by Crawfurth Castle and the head of 
Clyde where we seized a great bastil house of James Douglas ; which they held 
till the men and cattle were all devoured with smoke and fire : and so we re- 
turned to the Loughwood, at which place we remained very quietly, and in a 
manner in as civil order for hunting and pastime as if we had been at home in 
our own houses. For every man within Annerdale being within twelve or sixteen 
miles of the Loughwood would have resorted to me to seek reformation for any 
injury committed or done within the said compass, which I omitted not, but 
immediately after the plaint either rode myself and took the party complained of 
or sent for him and punished or redressed as the cause deserved. And the country 
was then in good quietness ; Annerdale, Nidsdale and a great part of Galloway, 
all to the water of Dee were come in and entered pledges." 1 

The later references in the above narrative show how thoroughly the 
whole west border had been subjugated to English influence. Lists prepared 
by the English wardens of those gentlemen and barons on the Scottish border 
who had given in their adherence to England, and their followers, show 
totals of between 5000 and 7000 persons, according to the districts included. 
Many Johnstones are included, among whom appears William Johnstone, 
brother of the chief. Johnstone himself remained a prisoner for some time, 
notwithstanding the efforts of the Scottish governor, who is said to have been 
much vexed at his capture. An attempt was made to effect an exchange 
when Langholm was taken by the Scots, but though one writer states that 
this was done, the negotiations appear to have been unsuccessful, and a 
similar fate apparently befell a special remonstrance and embassy despatched 
by Arran in May 1547. 2 Johnstone was still in England in November 1547, 
two months after the battle of Pinkie, where the Scots sustained such a 

1 Carleton's narrative, cited in M'Dowall's History of Dumfries, pp. 228-230. 

• Thorpe's Calendar of State Papers, vol. i. pp. 62, 63 ; Diurnal of Occurrents, pp. 43, 44. 



xlvi JOHN JOHNSTONE, FIRST WARDEN, 1524-156?. 

signal defeat. Dumfriesshire, including Annandale, was almost wholly 

under English rule, and Johnstone appears to have resigned himself to the 

inevitable. Wharton writes of him in a letter, which is unfortunately much 

torn, " the larde Johnstone is a good example upon thes marches," the reason 

apparently being that having lost his house and his property, he had, for 

the time, desired to swear allegiance to the English monarch. Lord Wharton 

adds, " I receyvid oothe of hyme before a gret nombre of people ; all his men 

was afore sworne, and thare hostages laide, yet I wold that he, being 

presoner, and now pledis for hymself, shuld be removed from Carlisle untill 

thes the kingis majesties servyces be more perfyted." 1 

It would appear that such a removal was effected, and that Johnstone 

was for a time confined in Pontefract Castle. A paper, without date, but 

probably written about this time or the beginning of 1548, refers to him as a 

gentleman whose rental was " 100 marks sterling or above, for whom the 

king's majesty has paid 100 merks in part payment for ransom to his taker," 

he being then in Pontefract. 2 Johnstone's tower of Lochwood was still in 

English hands. Of it Lord Wharton writes to the Duke of Somerset : — 

"Considering the house of Loughwod the lard Johnstons howse, not to be 
tenable but for garresoun to lye in the same amongst the contre men assuered, I 
devysed how the same myght be kept after this gret treasoun, 3 and forasmuche 
as victuall was had therunto from owt of this realme, the contre being wasted 
and that howse also standing xxx te rnylles from Carlisle, and nochtwythstandynge 
I furnysshed the same wyth all necessaryes and victuall for two moneths yet I 
could have nather horsemen nor footmen that wold tak on band to lye ther 
except vii footmen, wherof the most part was myne owne servantis. And that 
matter so standynge, and havinge with me James Johnstoun, called Abbot of 
Salsyd, brother to the lard Johnstoun, and others, cheif of that name whom I 
have found of the best sorte of Scottis sens they wer wone, resolved to delyver 

1 Wharton to Somerset, 5th November appears to be the defection of John, Master 
1547 ; Annandale Peerage Minutes of Evi- of Maxwell, afterwards fourth Lord Herries, 
dence, pp. 704, 705. from an agreement with the Earl of Lennox 

2 M 'Do wall's History of Dumfries, pp. and Lord Wharton, which led to the defeat of 
232, 233. the Earl, then in the English interest, at 

3 The " gret treasoun " here referred to Dumfries. 



Johnstone's imprisonments in England, 1547. xlvii 

that howse to the kepinge of the said abbott. ... I trust yet to cause thos 
Johnstons be with others a scourge to the Maxwellis and ther bandis. I have 
abayted of the others garresoun for that enterteignement, beseechinge your grace 
that I may knowe your graces pleasour howe I shall further proced and doo 
with that howse and the Johnstons." 1 

The preceding notices of Johnstone have been supplied from English 
sources, and these seem to imply that he had given allegiance to England. 
If this had been so, it might have been supposed he would be set at liberty. 
Another account, however, and one prepared by the hand of Johnstone him- 
self, throws a different light on the matter, and, allowing for the fact that he 
is his own witness, is so interesting a narrative that it may be fully quoted 
from. It takes the form of a letter or application to the queen-dowager, 
governor, and lords of privy council in Scotland for aid in paying his ransom, 
and in support of his plea he gives a full narrative of his misfortunes. 

The supplication commences with an explanation of the circumstances 
of his person and place being captured in April 1547 by Sir Harry Wharton, 
warden-depute of the West Marches of England. In the course of the 
attack, Johnstone was seriously hurt to the danger of his life, five of his 
best friends slain, and himself and others taken prisoners to the number of one 
hundred. As a prisoner of England Johnstone was incarcerated successively 
in the castles of Carlisle, Lowther, Pontefract, Whartonhall and Hartlie, in all 
of which he was treated with great cruelty, as represented by himself : — 

" In strait presoun ... be lang space therm, sumtyme persuadand me be 
offerris of grete proffit and vtheris promissis to tak parte with thaim for the furth- 
setting of thair purpose towart the hurt and subiectioun of this realme, and sum- 
tyme bostand me be scharp wordis and evill treting to accept the samin, and 
becaus I refusit to fulfill thair desyris, thai had and careit me fra the said castell 
of Carlill to the castell of Lowthyr, and thair put and layit me in strait presoun 
within the samin, and layit irnis and fettaris vpoun and trubillit me thairwith, in 
sic maner that I behuvit to ly on my bak with all my clathis on my body alswell 
be day as nycht be lang space, and frathyne brocht me agane to the said castell 

1 Letter, Wharton to Somerset, 14th March 1547-8. Annandale Peerage, Minutes of 
Evidence, p. 702, 



xlviii JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

of Carlill, and presonit me thairin as of befoir, and schortlie thaireftir careit me 
to the castell of Pumfraycht, and ther held me in strait presoun, within ane house, 
to the space of tua yeris. ... In the tyme of my being in the castell of Carlill, 
intending to haif gottin me secretelie distroyit thai gaif me evill and vnhailsum 1 
metis and drinkis, and throu eting and drinking thairof I tuke havy seiknes, and 
lay therin be the space of sex owkis in parrell of my life, and I being convalescit, 
had me fra the said castell to Quhartownhall quhair thai gaif me 2 evill drinkis 
and metis agane, throu the quhilk I fell in new seiknes and lay in perrell of my 
life be the space of ane moneth nixt thaireftir, and syne I wes had to the castell of 
Hartlie, and when the protectour of Ingland com to the Newcastell with the arm}' 
of Ingland laitlie befoir the feild of Pinkiecleuch, I wes send be the warden of 
Ingland to him, quhair he proponit to me his mischewose purpose takin towart 
the hurt and destructioun of this realme, and offerrit to me grete rewardis and 
proffitt to fortyfy the samin, and becaus I refusit to satysfy his desyris, he send me 
agane to Hartlie, quhair I wes kepit in strait presoun and evill tretit in mett, 
drink, and bedding, nochtwithstanding that I sustenit grete expensis thairupoun." 

Johnstone proceeds to complain that his tower of Loch wood was nocturn- 
ally invaded, himself and servants injured, and cattle and sheep plundered : — 

" And syne causit, in the moneth of October the zeir of God I m v c and xlvii 
zeris, Thomas Carriltoun, with- ane grete oist and garisoun of Ingilismen and 
Scottis trattouris, to cum to my hous and toure of Lochwod, quhair vnder silence 
of nycht thai clam the barnkin therof, and enterit in my said hous and brint and 
distroyit the samin, togiddir with my haill place, and spulzeit and tuke furth of 
the samin the haill insycht gudis, vic[tua]ls and plenissing therof, the valour 
of ane thousand and five hundreth pundis, and tuke furth of the ground of my 
heretage takkis and stedingis ane thousand heid of nowt, and thre flokkis of 
scheip of my awin propir gudis, and duelt and remanit in my said place, quhill 
thai had etin and distroyit the haill cornes of my grayngis of Lochwod, Thornhill, 
and Eicardrig, extending to ane thousand bollis of aittis, quheit and beir, and at 
that samin tyme brint, hereit and distroyit my pure tenentis, and reft and tuke 
fra thaim ane thousand heid of nowt, ten flokkis of scheip, tuenty scoir of horse, 

1 In the manuscript the original words read " evill and vnhailsum." 
"thai stall (stole) poysoun in my metis and 2 "Pysoun" deleted in text. The words 

drinkis," then the words "stall poysoun in " "evill drinkes and metis" interlined. The 

are deleted, and "gaif me" interlined, while words "in my meitts and drinkis" deleted 

on the margin opposite are written the words after the word " agane " in the original, 



CRAVES ASSISTANCE FOE PAYMENT OF HIS RANSOM. xlix 

and mens, togidder with ther haill comes, insycht gudis, victualis, and plenissing 
of thair houssis and stedingis, and put tliaim to vtir hirschip and begartie." 

In the next sentence, Johnstone comes to the point and reason of his 
application : — 

"And now laitlie Cuthbert Musgraif, Inglisman, to quhora the counsale of 
Ingland assignit the proffitt of my ransom at Candilmes last bypast, licent me to 
cum hame vpoun souirtie to entir agane to him in Ingland vpoun Law-Sonday 
nixt-to-cum, or ellis to pay to him ane thowsand and tua huudretht crownes of the 
sone : Howbeit, in verite, I haif na maner of money nor yit gudis to mak money 
of . . . Heirfore I beseik your graces and lordschippis that sen I haif bene pre- 
sonit, demanit, hurt and trubillit in my persoun and my self and my tenentis brint, 
hereit and distroyit in maner foirsaid, swa that I haif na maner of movable gudis, 
and my landis and rowmes lyand waist, quhilkis na man will by fra me nor tak 
in wadset, quhairthrou I can get na money to pay the said soume of ane thousand 
and twa hundred crownes of the sone ; and sen I haif remanit ane trew Scottis- 
man and subiect to our souerane lady, and nevir tuke promt of oure saidis auld 
inymeis, bot at my vtir power resistit to thair opinioun in defence of this realme 
and liberte thairof, quhair I wes oft tymes swadit be thaim baytht be proffit and 
reward, to have done the contrare; that ye will tak consideratioun of the premissis, 
and sen it lyis nocht in my power to outred the said sowme to the said Cuthbert, 
and in defalt of payment thairof at the day foirsaid, quhilk approchis neir, [I] 
man entir in Inglande and nevir able to be relevit furth of the samin ; that ye 
will for my trew seruice at this tyme support me that the said soume may be pay it 
and I relevit of my entre in Ingland ; and God willing I salbe about to do sic 
seruice to oure souerane lady, weill and honour of hit realme and lieges in con- 
trare oure saidis inymeis, and for the rest and tranquillite of the cuntre that your 
graces and lordschippis sail think the samin weill warit, and your ansuer humilie 
beseik." x 

What response was made to this earnest appeal is not recorded, but it 
must have been favourable, as Johnstone appears to have been at liberty in 
the beginning of the year 1550. 

1 Original draftf supplication, without date, but apparently about April 1549, in Annan- 
dale Charter-chest. 

VOL. I. G 



JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 



CHAPTER THIRD. 

Ajspointed to divide the Debateable land — Bond to him by his clansmen — Member of 
parliament 1560— Admonished by the Privy Council 1564 — Imprisoned in Edinburgh 
— Dispute with the Master of Maxwell. 

In the month of December 1552 the chief of the Johnstones, along with 
Sir John Maxwell of Terregles, was appointed a commissioner to exchange 
with the English commissioners the confirmations of the treaty settling the 
boundaries of the Debateable land. That territory from its position was 
a constant battlefield, being claimed by England and Scotland in turn, and 
also being neutral ground it gave a certain refuge for the lawless of both 
countries. The treaty in question and the division of the territory by a 
definite boundary line put an end to the main cause of strife on the borders, 
but the lawless and turbulent habits of the people continued for several 
generations. The chiefs of clans, especially those who were responsible for 
good government, were still held liable for the misdeeds of their followers, 
if they failed to punish these, or to present the offenders before a court of 
justice. Such a failure caused Johnstone to be confined for a time in the 
castle of Edinburgh, whence he was liberated by order of the queen-regent 
in October 1554, on condition of his surrendering certain of his clan who 
were accused of theft. He was also to enforce restitution of all goods 
stolen since the tenth day of the previous April. To aid him in this 
act of justice, a royal proclamation was issued requiring his whole clan and 
friends and their dependants to assist him, under pain of loss of life and 
goods if they refused. 1 

One result of his efforts on this and similar occasions was a bond granted 

to the chief by his clansmen, who met at the chapel of Dinwoodie to sign it. 

They complain that the queen-regent has their pledges or sureties confined 

" in syndrie castellis for guid reule to be kepit in the cuntre, quhilk is tedius 

1 19th October 1554, pp. 24, 25 of this volume. 



BOND TO SUPPORT THE GOVERNMENT, 1556. li 

and veray sumptuous to ws and maye noclit guidlie susteine the expense 
therof." They desire that their chief would find them some remedy, and 
some ready way by which to have their pledges restored to liberty. In 
return they bind themselves that if any Johnstone belonging to them while 
they are pledged shall commit theft, fire-raising, or any other crime, they 
shall immediately search for and seize the culprit, and present him to their 
chief to be punished according to his deserts. If they were unable to appre- 
hend the guilty party after using all diligence, they bind themselves "to 
birne, hery," and expel him from the district, and to give redress to the 
person aggrieved. This document was signed in presence of Sir James 
Douglas of Drumlanrig, then warden of the West Marches. 1 

In the following February 1556, Johnstone himself entered into a bond to 
the government. I' 1 this writ he refers to his release from confinement in 
expectation of his good service in punishing offenders against the laws, and 
states that he has induced the principal men of his surname and clan to bind 
themselves to assist. He therefore binds himself " to stand and abyde at thair 
avyse and counsale in all thingis concernyng the quenis grace and tranquil- 
lite of the cuntre " in punishing trespassers, keeping good rule, and maintain- 
ing his clan in their possessions. He promises to assist in the pursuit of any 
powerful marauder, and where the execution of justice leads to deadly feud, 
lie will take the side of the oppressed. He also binds himself to obey and 
attend the warden on days of truce and other assemblies when required. 
These various mutual bonds do not, however, appear to have given full satis- 
faction in the carrying them out, as at a later date the Scottish privy council 
issued a proclamation requiring the principal men of the clan by name to aid 
in enforcing respect for the laws. 2 

Johnstone appears to have joined the Protestant party at the Eeforma- 
tion, and was a member of the parliament which, in August 1560, ratified 

1 Bond, dated 14th November 1555, pp. 25, 26 of this volume. 

2 Proclamation, dated 4th Septeniber_1560, narrating the bond of Sth February 1555-6, 
pp. 20-29 of this volume. 



lii JOHN" JOHNSTONE, FIRST WARDEN, 1524-1567. 

the first confession of faith, 1 but he is nowhere recorded as taking an 
active part in the history of the period. His name occurs chiefly in connec- 
tion with the Borders, which continued to be lawless and turbulent, notwith- 
standing all the means taken to repress crime. There were constant bonds 
by Johnstone to the warden, then Sir John Maxwell of Terregles, to enter 
offenders, and by various Jolmstones in support of their chief, but no great 
good resulted from these. 

On the other hand, Johnstone himself was looked upon as a promoter 
of disorder, so much so that he was summoned before the privy council, 
and received a severe admonition. He was accused of wilfully, with his 
two sons, remaining " at the home " or in a state of outlawry (apparently 
for debt), riding openly with men armed with jacks and spears, and threaten- 
ing those who were " trew men." He was further charged with maintaining 
Gilbert Johnstone of Poldean, a fugitive accused of theft and fire-raising, and 
refusing to deliver him to the warden, even though desired to do so by the 
culprit's own father. Other accusations were his allowing thieves to dwell 
on his lands, and that he " preissit to marie his dochtir with Edward 
Irewing of the Boneschawis sone ; and finalie, wes displesit with all guid 
ovdour, as his lyff and doingis did weill declair." The council charged him, 
without delay, to obey the law and pay his debts, and obtain relaxation 
from the home ; to deliver Gilbert Johnstone to the warden, and keep his 
possessions free from theft and reset, and in good order, and that he do not 
ally his daughter with Irving's son : " Certifiand and assurand him gif he 
failzeis herein, the quenis majestie will sa vigorouslie puneis him for his 
offence that the West Marchis sail tak exempill thairof, quhilk sail nocht 
onelie extend to his awin skayth, bot his hous sail nevir forget it." 2 

This warning was given on 21st December 1564, and it was added signi- 
ficantly that the punishment was presently omitted rather because of the 

1 Acts of the Parliaments of Scotland, vol. ii. p. 52(3. 

2 21st December 1564. Register of the Privy Council, vol. i. pp. 306, ?07. 



QUARREL WITH JOHN MAXWELL, LORD HERRIES, 1566. liii 

queen's clemency and the warden's intercession than because of Johnstone's 
own life and bygone deserts. He was allowed, until the 1st of January, to 
consult with his friends, but he was told that if he did not take steps to 
release himself and his sons from " tlie home " before the 1st of February, he 
was to " lake for na uther favour bot to be repute, haldin, and persewit as a 
rebellious, wickit, and dissobedient persoun, and to be puiieist thairfoir 
accordinglie." As already stated, his being at " the home," as it was 
technically called, was apparently owing to his being in debt, and liable to 
diligence at the instance of some creditor. From this condition the council 
wished him to release himself, but either he failed to do as required or wished 
to evade the greater punishment threatened, as he and one of his sons were 
imprisoned for debt, apparently in Edinburgh. A few months later, however, 
on 17th July 1565, a special mandate was signed by the queen for his libera- 
tion, because his services were required on the West Marches. In obedience 
to this mandate, he was, by proclamation at the cross of Edinburgh, released 
from the process of horning against him, and the wand of peace delivered to 
Itobert Johnstone, his son, in his name. 1 It is probable that the hostile atti- 
tude of Murray and some other nobles towards the queen's marriage may 
have led to Johnstone's release. He next appears on the 21st September 1565, 
along with other gentlemen of his immediate neighbourhood, in a bond of 
allegiance to the king and queen. They also bind themselves to obey the 
Earl of Bothwell or any other warden, in resisting their Majesties' rebels or 
an invasion from England, to which country Murray had appealed for aid. 2 

In the beginning of the following year, 1566, Johnstone had a serious 
dispute with the Master of Maxwell, better known as Lord Hemes, 
then warden. The cause of quarrel is not clear, but it may have been 
excited if not aggravated by the cruel conduct of Maxwell to one of 
Johnstone's retainers, a noted thief, whom the warden had captured, and 

1 Original letters and messenger's execution, 17th July 1565, in Annandale Charter-chest. 

2 Register of Privy Council, vol. i. p. 37S. 



liv JOHN JOHNSTONE, FIRST WARDEN, 1524-15G7. 

whom lie caused to be burned at the cross of Dumfries. Johnstone appears 
first to have brought a series of accusations against Maxwell and then offered 
to prove them by way of combat. Maxwell wrote asking Queen Mary's per- 
mission to defend himself. He offered in his own person to oppose Johnstone 
or any of his sons, or any other of that clan, or with forty, fifty, or one hundred 
Maxwells to enter the lists against a similar number of Johnstones. 1 It does 
not appear, however, that any such combat took place. Johnstone is referred 
to in June 1567 as refusing to obey Lord Herries as warden, being supported 
by Both well's influence. A summons was addressed to him on 19th September 
1567, by the privy council of Scotland, desiring him and various other 
gentlemen on the West Marches to meet with the council on 6th October to 
advise as to the suppression of disorders in that district. 2 



CHAPTER FOURTH. 

Land Transactions of this Chief — Thornyfiat ordered to be restored — Occupancy of Branrig 
— Infeft in Johnstone — Lands erected into the Barony of Johnstone 1543 — Lease of 
Harthope — Gift of Thornick — Rights over Castlemilk. 

It is now necessary to direct attention to the various charters obtained 
by this Johnstone chief, mention of which would have interrupted the 
course of the main narrative. Of these only two occur before the death 
of King James the Fifth. The first is a mandate directed by the king on 12th 
July 1536 to the steward of Annandale requiring him to restore Johnstone 
to the possession of the lands of Thorniflat, of which he had been wrongfully 
despoiled. 3 The second is a letter by the same king addressed to John 
Maitland of Auchingassill regarding Johnstone's occupancy of the lands of 
Branrig and Mitchell Slacks, which he held as tenant under Maitland, and 
from which the latter had warned him to remove. The king wrote that as 

1 Letters, Lord Scrope to Bedford and Cecil, 16th and 19th January 1565-6. Calendar 
of State Papers, Foreign, 1566-8, pp. 5, 6. 

2 Register of the Privy Council, vol. i. p. 570. 3 Vol. ii. of this work, p. 1. 



ERECTION OF THE BARONY OF JOHNSTONE, 1543. lv 

the warning was issued without Johnstone's having committed any fault, he 
being then warded in Dumbarton, his Majesty must needs defend him in 
his rights and possessions so long as he was in ward. The king had previously, 
he says, written to Maitland on behalf of Johnstone's continued occupancy, 
so long as he paid his rents, and specially during his imprisonment, which 
missive had been disobeyed, much to his Majesty's astonishment, — " con- 
sidering it was nevir nor yit is the vse and custume of our realme to put ony 
auld tenant furth of his maling sa lang as he pais his malis and dewiteis 
thankfullie and makis na fait." The king expressly desires, therefore, that 
Johnstone may be allowed to continue his occupancy in peace " conforme to 
the said auld lovabill vse and consuetude of our realme obseruit and kepit in 
sic caisses in tymes bigane." The king concludes with thanks and promises 
of goodwill, if his pleasure be obeyed, and he requests an affirmative answer 
by the bearer. 1 

The Eegent Arran appears to have held the chief of the Johnstones in 
much favour, both on account of his services against the English, and also 
perhaps owing to the marriage alliance between the families. In consequence 
of this the youthful queen, Mary Queen of Scots, with consent of James, Earl 
of Arran, governor, for the good and faithful service done by John Johnstone of 
Johnstone, in resisting the old enemies of England on the borders for defence 
of the kingdom, granted a charter under the great seal to him of the whole 
lands of Johnstone, with tower and fortalice, with advowson of the parish 
church of Johnstone, the twenty pound land of Kirkpatrick, namely, the ten 
pound land of Dowskelly with mill and ten pound land of Caversholme, ten 
merk land of Wamphray, eighteen merk land of Polbudy (Polmoody), the 
five pound land of Hardgraif, all in the stewartry of Annandale ; also four 
merks of annual rent from the lands of Thornequhat in the same stewartry, 
with the office of coroner of Annandale, which all belonged to John 
Johnstone and were resigned by him. The queen also erects the whole 

1 Original letter, dateil 28th June 1542, vol. ii. of this work, p. 2. 



Ivi JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

lands into a Free Barony to be called the Barony of Johnstone, 
ordaining the fortalice of Johnstone to be the principal messuage, 
one sasine to be taken there sufficing for the whole lands; to be held 
by the said John Johnstone of that ilk in liferent, and to James John- 
stone, his son and apparent heir, and the heirs - male of his body 
lawfully to be procreated, whom failing to Bobert Johnstone, his brother- 
german, and the heirs-male of his body, whom failing to Adam Johnstone 
of Corry, "William, John, and Symon Johnstone, brothers-german of John 
Johnstone of that ilk, successively, and the respective heirs-male of their 
bodies, whom failing to the nearest heirs-male bearing the arms and surname 
of Johnstone whomsoever, of the queen and her successors in fee and 
heritage and free barony for ever, for rendering yearly one silver penny at 
the town of Johnstone at Whitsunday in blench ferm, if asked ; and reserv- 
ing a reasonable terce to Elizabeth Jardine, spouse of the said John Johnstone. 
The charter had the great seal affixed at Edinburgh, 2d March 1542-3. 1 
Arran, the governor, also gave him a lease of the lands of Harthope, Upper 
and Nether Howcleuch, with Baecleuch, all in the county of Lanark, for 
nineteen years. A few months later he made his natural son, John John- 
stone, his cessioner in the lands so leased. 2 

Another transaction which John Johnstone of Johnstone entered into with 
certain members of his clan was an agreement in May 1545 between him and 
Herbert, Thomas, Gilbert and James Johnstones, sons of the deceased Simon 
Johnstone of Poldean. They quitclaimed and resigned in his favour their 
right to the ward and non-entries of the lands of Laverhay and Broomhills, 
lying from the Whitelawbeck down, with the profits, as detailed in the gift 
to Simon their father. Johnstone in return discharged in their favour all 

1 Registrant Magni Sigilli, vol. iii. No. as the charter. They were followed by sasine 

2S74. There are in the Annandale Charter- on 7th March 1543. 

chest the original resignation of the lands by 2 Gift of lease dated 10th January 1543, 

John Johnstone of that ilk and the crown and assignation to John Johnstone 5th July 

precept for his infeftment, both of same date 1543, in Annandale Charter-chest. 



ACQUIRES RIGHTS OVER CASTLEMTLK. lvii 

right and kindness he had to the lands of Whitelawbeck upwards, except 
the lands of Karnehill, Glengap and Garrogill, of the rents of which he 
grants himself to be paid. He also agreed to give a lease of these lands. 
The agreement was signed by all parties at the house of Lochwood. 1 

Another gift was given to Johnstone of the ward and non-entries of the 
lands of Thornick and others, belonging to the late Eobert Grahame of 
Thornick, father of the late Eobert Grahame of Thornick last deceased ; 
also the marriage of the child or children born between the late Ninian 

Grahame, son and apparent heir of the last deceased Eobert and 

Johnstone his widow. 2 The lady here referred to was Margaret Johnstone, 
a daughter of Johnstone himself, his relationship being no doubt the cause 
of the grant to him. 

Previous to this, perhaps on his return from captivity in England, and as 
a compensation for his misfortunes, Johnstone had received a grant of the 
lands of Castlemilk, forfeited by Matthew, Earl of Lennox. For this grant 
it would appear a precept was issued so early as October 1545, but it was 
not till the year 1550 that he received a crown charter of the lands. 3 

Johnstone had already, by a contract, dated 7th November 1533, between 
him and Archibald Stuart younger of Castlemilk, acquired rights over a 
portion of Castlemilk. 4 The same Archibald, in 1541, had granted a lease 
of the whole lands of Castlemilk to Eobert, fifth Lord Maxwell. 5 In conse- 
quence of this lease, and of the present royal grant of the lands to Johnstone, 
a competition of rights took place between him and Eobert, sixth Lord 
Maxwell, as succeeding to his father in the lease. The competing rights and 
some other questions in dispute were submitted to arbitration, and an award 

1 Original Agreement, 22nd May 1545, in both in Annandale Charter-ehest. 
Annandale Charter-chest. 4 This accounts for the reference to his 

2 Gift, 16th May 1546, in Annandale lands on the water of Milk in 1544, as 
Charter-chest. being harried by the English. 

3 Precept, dated 28th October 1545 ; charter, 5 Andrew Stuart's Genealogy of the Stuarts, 
under the Great Seal, dated 25th April 1550, pp. 364, 365. 

VOL. I. H 



lviii JOHN JOHNSTONE, FIRST WARDEN, 1524-15C7. 

was issued on 7th September 1550. The first clause decerned that Lord 
Maxwell was to have possession of the lands of Castlemilk, with the tower 
and place thereof, paying to Johnstone as superior and as haviDg a gift of 
the ward and marriage of the laird of Castlemilk, the sum of forty-four merks 
yearly, until Johnstone could prove that Lord Maxwell or his father had 
renounced the lease referred to in favour of the laird of Castlemilk. 

Among other subjects dealt with in the award were the teinds of Loch- 
maben, from which, as belonging to Lord Maxwell, he was ordained to pay so 
much yearly to Robert Johnstone, son of the chief, who had obtained right 
to the benefice and parsonage of Lochmaben. Lord Maxwell was also adjudged 
to pay to Johnstone what was due of the escheated goods of Thomas Kirk- 
caldy, last parson of Lochmaben, in terms of a gift from the crown. It was 
also decerned that Johnstone should enjoy the bailiery he formerly held over 
the lands belonging to Lord Hemes within Annandale. The arbiters conclude 
with a direction to both parties to abide in friendship with each other. 1 

The latest gift from the crown appears to be a grant by Queen Mary and 
Darnley on 16th August 1565, of their third of the Abbey of Soulseat and 
the parsonage of Lochmaben. Johnstone was to uplift for his own use the 
third of the crops for the years 1564-1568, and further at the royal pleasure. 2 



CHAPTER FIFTH. 

Death of John Johnstone of that ilk — His will and testament — His personal estate — Eliza- 
beth Jardine, his first wife — Nicola Douglas, his second wife — His children — John, his 
successor — Robert of Raecleuch and other sons — His daughters. 

John Johnstone of Johnstone died on 8th November 1567, as appears 
from his confirmed testament. He made his will at Dumfries, 29th Decem- 
ber 1562. He is designated "ane ryct honorabill man, Jhone Jhonestoun of 

1 The particulars of this award are taken 2 Gift, 16th August 1565, signed by both 

from a much worn copy in the Annandale king and queen, in Annandale Charter chest, 
Charter-chest. vol. ii. of this work, p. 6. 



TESTAMENT OF JOHN JOHNSTONE, 1562. lix 

that ilk.' He appointed " Nicolas Douglas, Lady Jhonestoun," and " J hone 
Maister of Maxwell," his executors. Johnstone also nominated the Master of 
Maxwell as special guardian of his " sone and air," 1 to be advised also by the 
Duke of Chatelherault, and the lairds of Drumlanrig and Elphinstone, and he 
expressed a wish that his heir should marry into the family of the Master 
of Maxwell, He leaves portions to his three daughters by Nicolas Douglas, 
Dorothy, Margaret, and Elizabeth or Bessie, committing Dorothy to the charge 
of the Master of Maxwell, Margaret to Drumlanrig, and Bessie to her 
mother, and making various other provisions for their comfort and mainten- 
ance. To his son, Robert, he leaves the church of Lochmaben, the lands of 
Baecleuch, and others. To his son, John Johnstone, he bequeathed his right 
over the lands of Over Cogrie and others. To his grandson, Robert Grahame, 
he leaves the reversion of the lands of Courrance. The testator ordained " sex 
bollis of mele of the fermes of Johnestoun to be delt to the purest hous- 
haldaris of Johnestoun be ressonabill discretioun ; Item, I leve to the Maister 
of Maxwell my harte, my horse, my sworde, and my doggis." The Master of 
Maxwell did not accept the office of executor, and Nicolas Douglas, the widow 
of Johnstone, became the sole administrator of her husband's estate. 2 

The goods, geir and sums of money pertaining to Johnstone at the time 
of his decease are enumerated and valued in the inventory. These consisted 
of many bolls of oats and beir stored at his different places of Lochhouse, 
Thornhill, Thornick and Lochwood ; also of large quantities of hay, oxen, cows, 
with calves and stirks, scores of sheep, stones of cheese, stones of butter, linen 
unshaped, linen yarn to be made into cloth, woollen yarn, wool " littit " blue, 
green, and red ; lint, feathers, and a " pose " or hoard of gold and silver in a 
coffer in Lochhouse, extending to two hundred pounds of money, and 
utensils and domicils in silver work, etc. His testament shows an anxious 

1 This refers to his grandson and heir, as 2 Testament and Inventory, 29th December 

his son, James, the young chief of the Jokn- 1562, Annandale Peerage, Minutes of Evi- 
stones, predeceased him in 1552. dence, 1876, pp. 47-49. 



/? 



Ix JOHN JOHNSTONE, FIRST WARDEN, 1524-1567. 

provision for his sons and daughters, and different lands are left to the sons 
and special provisions are made regarding the marrying of the daughters. 1 

John Johnstone of Johnstone was twice married. His first wife was 
Elizabeth Jardiue. 2 By her he had two sons, and apparently one daughter. 
She died in the month of December 1544, and an inventory of her effects 
was given up by her son Robert, and confirmed 26th November 1580. 3 
Johnstone married, secondly, Nicholas or Nicola Douglas, daughter of James 
Douglas of Drumlanrig. A charter was granted to her in February 1545 by 
James Johnstone, younger of Johnstone, with consent of his father, as his 
tutor, and for a sum of money paid, conveying the lands of Johnstoneholm 
and others to her in liferent, while she was still unmarried. 4 

The date of the marriage can be approximately fixed. On the 26th of 
August John Johnstone of Johnstone received from Mary Queen of Scots a 
charter of the 5 merkland in Burwanis, 2 merkland in Coittis, 2 merkland in 
Brigend, 1 merkland in Ker, 2 merkland in Cragylands, 3 merkland in 
Tassyisholme, 30 shilling land in Over Murquhat, and 1 merkland in Drum- 
creif, all resigned by Ninian Graham of Thornick. 5 On the resignation of 
John Johnstone another crown charter was granted to him and Nicolas 
Douglas, his spouse, in conjunct fee, and the heirs-male of the marriage; 
whom failing, the nearest heirs-male of the said John whomsoever. 6 The 
grant was made on the 20th of October 1550, and was followed by a similar 
grant on the 29th October. The marriage appears therefore to have taken 
place shortly before the 20th of October in that year. As already indicated, 
they had issue, three daughters, and apparently two sons, and Nicola Douglas 

1 It appears that on 28th June 1576, "Elizabeth Jardane, Lady Johnestoun," as 
Nicolas Douglas, as relict and executrix of she was styled, was of the old border house 
her husband, sued John Johnstone, his eldest of her surname. 

son, for intromiting with the personal effects 3 Annaudale Peerage, Minutes of Evidence, 

of her late husband. [Minutes of Evidence 1876, pp. 67-69. 

in Annandale Peerage, 1876, p. 44.] 4 Ibid. pp. 43. 

2 No writs in the Charter-chests of the 5 Registium Magni Sigilli, vol. iv. No. 503. 
Johnstone or Jardine families show that this c Ibid, Nos. 533, 534. 



CHILDREN OF JOHN JOHNSTONE. lxi 

survived her husband, and acted as his executrix. She was still alive in 

1576, when an order for summoning witnesses was issued in her favour in 

an action at her instance against the youthful chief of Johnstone for spoliation. 1 

John Johnstone of Johnstone had issue four sons and three daughters. 

1. James Johnstone, who predeceased his father. Of him a brief notice 

follows. 

2. Robert Johnstone, second son by the first marriage. He received from his 

father the lands of Kaecleuch, situated in Avondale or Evandale, where 
the ruins of the former house of Raecleuch are conspicuous near the 
water of Evan. By the same deed this Robert Johnstone was provided 
to the parsonage of Lochmaben. In 1565 he and his brother John had 
a remission for an alleged attack on another Johnstone. In 1580 he 
gave up an inventory of effects belonging to his mother, Elizabeth 
Jardine, and was confirmed her executor-dative. He married Marion 
Maxwell, who was styled "Lady Garnesalloch, elder," — and in 1571 
they received a charter from Robert Douglas, provost of Lincluden, of 
the lands of Ernemynie, in the barony of Crossmichael and stewartry of 
Kirkcudbright. These lands had been left by Robert Johnstone's grand- 
father, James Johnstone of Johnstone, to his son Simon Johnstone, who 
in 1546 resigned them and others in favour of his brother John John- 
stone of Johnstone. Robert Johnstone of Raecleuch died at Carnsalloch, 
where he resided, on 10th May 1592. He was survived by his wife, 
who died on or after the 31st October 1601, when she made her testa- 
ment, and inventory of her goods to her son Robert. He left issue a son, 
Robert Johnstone, who succeeded him, and another son named Mungo, 
with, apparently, other children who are not named, perhaps only 
daughters. 2 

Robert Johnstone, the second of Raecleuch, died about 1627, leaving 
three sons, Robert, William, and Alexander, and a daughter, Elizabeth, 
wife of James Grierson. The sons died before 1656, the two younger 
without issue, and the eldest, Robert Johnstone of Stapleton, succeeded 
only by a daughter, Mary Johnstone. Mungo Johnstone above-named 
had a son, Robert, who died without issue about 1630. 

1 Aimandale Peerage, Minutes of Evidence, Minutes of Evidence, 1876, pp. 65-69, 72-74, 
1876, p. 44. Robert Johnstone had also a natural daughter 

2 Papers printed in Annandale Peerage, named Catherine Johnstone ; Ibid. 



L JAMES JOHNSTONE, YOUNGER OF JOHNSTONE, 1539-1550. 

3. John Johnstone, eldest son by the second marriage. He had a charter in 

1595 of part of the churchlands of Moffat, Kirkpatrick-juxta, and Dryfes- 
dale. He was executed on 23d September 1603 for murder and other 
crimes. He left a son, James, who was restored in 1630 to his father's 
forfeited possessions, and was known as James Johnstone of Neiss, 
which is a small property in Moffatdale. He died without issue. 

4. James Johnstone, known as Captain James Johnstone of Lochhouse, near 

Moffat. He held the lands of Thornick, Pocornell, and various others. 
He died between 1621 and 1632. He left no lawful issue, but he had 
an illegitimate son, James Johnstone of Corehead. James Johnstone of 
Neiss, son of his brother, was retoured his lawful heir in February 1634. 1 
The daughters of this chief were 

1. Dorothea, eldest daughter of the second marriage. She is said to have 

married John Maitland of Auchingassel, in the county of Dumfries. 

2. Margaret, second daughter of second marriage. She married in 1566, 

Christopher, son of Edward Irving of Bonshaw, in the county of 
Dumfries. 

3. Elizabeth or Bessie, mentioned with her two sisters in their father's will in 

1562, but her later history has not been ascertained. 2 



XIII. — James Johnstone, younger of Johnstone. 

Margaret Hamilton (Samuelston) his wife. 

1539-1550. 

This member of the family of Johnstone, who never succeeded to the 
estate, although he carried on the line of descent, was the eldest son of 
John Johnstone of Johnstone by his first wife, Elizabeth Jardine. There is no 
certainty as to the date of his birth, but there is evidence that it occurred 

1 John Johnstone of Johnstone had also 2 John Johnstone of Johnstone had also a 

two natural sons— (1) James Johnstone, who, natural daughter named Margaret by " Gelis 

on 1st September 1540, received a crown Ewart." She was, on 22d February 1530- 

charter of the lands of Hardgraif ; and (2) 31, while still a child, contracted in marriage 

David Johnstone, who is mentioned several to Ninian Graham, son of Robert Graham of 

times in connection with his father, but whose Thornick. She died before 1546. . [Original 

further history has not been ascertained. contract in Annandale Charter-chest.] 



MARRIAGE WITH MARGARET HAMILTON. lxiii 

previous to 31st October 1539. On that date his uncle, Adam Johnstone of 
Corrie, granted to him by charter, therein named as his beloved kinsman, James 
Johnstone, lawful son and apparent heir of his dearest brother John Johnstone 
of that ilk, the lands of Briskoo and Whitecastle, in the parish of Corrie, 
and stewartry of Annandale. The lands, 'which formerly belonged to Eobert 
Corbet of Hardgrave, and were resigned by him, were valued at thirteen 
merks Scots yearly, and were to be held blench of the granter for one silver 
penny payable, if asked, in the parish church of Corrie on the feast of the 
Nativity yearly. 1 

The next notice of the youthful heir of Johnstone is on 2d March 1542-3 
in the crown charter erecting the lands of Johnstone into a barony, where he 
ii designated as son and apparent heir of John Johnstone of Johnstone. On 
the same date as the charter, Queen Mary, in accordance with a practice then 
customary, issued letters-patent under the quarter seal, appointing Sir James 
Kirkcaldy of Grange, her treasurer, Thomas Johnstone and John Johnstone 
in Pocorner, to act for a year as attorneys for James Johnstone, son and 
heir-apparent of John Johnstone of that ilk, in all his business and law pleas. 2 

The young heir of Johnstone granted to Nicola Douglas, daughter of 
James Douglas of Drumlanrig, in liferent, the lands of Johnstoneholm 
Eyrswood, Bennetlaw, and Kerse, in the stewartry of Annandale. 3 

The references to this youthful chief are scanty and brief. A contract 
of marriage was made at Dumfries, 1st August 1551, between John Hamilton, 
archbishop of St. Andrews, on behalf of Jean Johnstone, " daughter to James 
Jhonstoun, young laird of Jhonstoun," and Margaret Hamilton his spouse [niece 
of the archbishop] on the one part, and Michael, Lord Carlyle, on behalf of 
William Carlyle, his eldest son and apparent heir. The contract narrates 
that the archbishop had obtained a remission to Lord Carlyle for assistance 

1 Charter, dated at Dumbarton, 31st in Annandale Charter-chest. 

October 1539. Annandale Peerage Minutes 3 Registruni Magni Sigilli, vol. iii. No. 

of Evidence (1881), pp. 1172-3. 3070, 17th February 1544-5; vol. iv. No. 

2 Original writ, dated 2d March 1542-3, 1441, 8th January 1562-3. 



lxiv JAMES JOHNSTONE, YOUNGER OF JOHNSTONE, 1530-1550. 

given to the English and surrendering to them his place of Torthorwald, 
and also an infeftraent to William Carlyle of all his father's lands except 
the conjunct fee of Dame Jonet Charteris, spouse of Lord Carlyle, for which 
Lord Carlyle was obliged to pay the archbishop 1800 merks Scots, which 
sum he now discharges to Lord Carlyle. His lordship engages to cause his son 
William to marry Jean Johnstone at her perfect age, or if she should chance 
to die, any other daughter of the same parents. Lord Carlyle also engaged 
to infeft Jean Johnstone presently in his lands of Petinane in Lanarkshire 
under redemption ; and the archbishop promised to maintain Lord Carlyle 
in all his lawf ul actions. 1 From the terms of this writ it is not absolutely 
certain whether James Johnstone, younger of Johnstone, were then deceased 
or not, but if not then dead, he died shortly after. 

He married Margaret Hamilton, daughter of John Hamilton of Saniuel- 
ston, natural brother of the Kegent Arran. 2 They had issue one son and 
one daughter. 

1. John Johnstone, who succeeded his grandfather of the same name in the 

year 1567, and of whom a memoir follows. 
1. Jean, contracted in marriage to William, eldest son of Michael, Lord 
Carlyle. William died in 1572, leaving issue one daughter, Elizabeth, 
who afterwards married Sir James Douglas of Parkhead. Jean John- 
stone, Lady Carlyle, survived her husband, and was still liferentrix of 
the lands of Kelhead in 1577. 3 

1 Annandale Peerage Minutes of Evidence 3 Two daughters are sometimes assigned 
(1S76), pp. 45, 46. by genealogists to this James Johnstone, 

Margaret married to Sir Robert Douglas of 

2 In May 1552 she married, secondly, David Coschogill, and Jean, married to William 
Douglas of Cockburnspath, son of Sir George Livingstone of Jerviswood. There was a 
Douglas of Pittendriech, and titular seventh Nichola Johnstone, wife of Robert Douglas 
Earl of Angus ; and after his death in June of Coschogill in 15/3 [Registrum Magni 
1557 she married, thirdly, Sir Patrick White- Sigilli, vol. iv. No. 2145], but it is not stated 
law of that ilk, who died before 1571. who she was. 



Ixv 



Second Johnstone Warden of West Marches. 

XIV.' — Sir John Johnstone of Johnstone, Knight. 
Margaret Scott (Buccleuch) his Wife. 

1567-1587. 
chapter first. 

Agreement with Nicola Douglas, 1569— Joins Queen Mary's Party — Surrenders to Murray 
— Becomes Surety for his Clan — Raid to Morpeth — Lord Scrope's Invasion of the West 
Marches — Makes his peace with the Earl of Lennox — Marries Margaret Scott of 
Buccleuch. 

The first notice of this chief of Johnstone is in 1553, in a letter of gift 
by Queen Mary granting to John Hamilton, archbishop of St. Andrews, the 
marriage of Johnstone, son and heir to the late James Johnstone, with 

the profits of the marriage of him or any other heir. 1 The ward and non-entry 
duties of the lands were also conferred upon the archbishop until the entry 
of the heir, who must have been very young. He was still apparently a 
minor in November 1569 when he and his curators entered into an agree- 
ment with Mcola Douglas, widow of his grandfather, to pay her five 
hundred rnerks Scots for her interest in her jointure lands of Johnstoneholm 
and others. He then leased from her the same lands for a term of nine 
years at a rental of two hundred pounds Scots yearly. After that date she 
was to have the use of her house of Lochhouse which* Johnstone was bound 
to maintain during his occupancy. In addition the lady stipulated that her 
house, woods, and private grounds should after the lease expired, be left " in 
als gude estait as tha ar now," and that Johnstone should not place " clannis 
nor broikin men " in the lands, " and in speciall nane of the surname 
of Johnestoun " nor any others above the rank of yeomen or simple 
labourers of the ground, nor yet clans of the country, lest she or her children 

1 Gift, dated 6th July 1553 ; Annandale Peerage Minutes of Evidence, vol. ii. p. 1110. 
VOL. I. I 



lxvi SIR JOHN JOHNSTONE, KNIGHT, .1567-1587. 

should receive their lauds in worse condition than they were at her 
husband's death. It was also provided that he should present John 
Johnstone, his uncle, son of Nicola Douglas, to the parsonage of Johnstone, 
and should out of the funds of the benefice maintain the presentee at "the 
scolis " until the age of fourteen, and pay him yearly thereafter the sum of 
forty merks. 1 

But although the young chief's curators are referred to in the above writ, 
lie seems to have acted independently. In May of the previous year one of 
his clansmen, John Johnstone in Glenkill, renounced in Ins favour the lands 
of Armynnie, in the stewartry of Kirkcudbright, with the lands of Kinnel- 
head and Holmschaw in An nan dale, to be occupied by him, without 
conditions. 2 Also a few months before the contract recited, we find him 
entering into transactions independent of his curators. Thus in August 15G9, 
his uncle, John Johnstone, a son of his grandfather, resigned into his hands 
the lands of Upper Cogrie, in Kirkpatrick-juxta, while the other in his own 
name transferred to his uncle the mains of Moffat. 3 

This chief also acted independently as head of his clan, and as the person 
responsible to the government for the good behaviour of the district. He 
appears, no doubt because of his connection with the Hamiltons, to have 
supported the claims of Queen Mary after her escape from Lochleven. It is 
not certain that he was present at the battle of Langside, but after the defeat 
of the queen's party there, the Eegent Murray, with a considerable force, 
marched into Dumfriesshire, and compelled the submission of the barons in 
that neighbourhood. Among others thus dealt with was Johnstone, who 
submitted, and also surrendered his houses of Lochwood and Lochhouse. 4 
After this he remained outwardly in obedience to the new government, 
although his allegiance, as will be seen, was not very steadfast. 

1 Contract, dated 25th November 1569 ; Annandale Charter-chest. 

Annandale Peerage Minutes of Evidence, 3 Original, dated 13th August 1569, ibid. 

1881, pp. 1173-1175. 4 Historical Memoirs of the Ileignof Mary 

2 Original resignation, 30th May 1568, in Queen of Scots, Abbotsford Club, 1836, p. 106. 



SECURITY FOR MEMBERS OF HIS CLAN, 1569. lxvii 

In August 1569 he received from various persons of the name of Batie 
or Eeattie an obligation to surrender themselves to ward in the stone house 
of the Lochwood on forty-eight hours' warning, there to remain until they 
could be entered with the government as pledges. 1 A few mouths later 
they are named among other sureties consigned for safe keeping to the 
castle of St. Andrews. 2 This was after the proceedings of the courts held 
for two days, first at Castlemilk, and afterwards at Dumfries, by the Eegent 
Murray in person. Johnstone was in attendance, and is constantly re- 
ferred to as security that various members of his clan should not escape 
from justice. Thus at the camp by the water of Milk on 25th October, 
he became security for John Johnstone of Howgil], who was a pledge 
"for all that ar cum of the auld gang of Wamfray." Others for whom 
he undertook responsibility were John Johnstone in Tundergarth, David 
Johnstone of Staywood, John Johnstone of the Quais, Gilbert Johnstone of 
Fairholrne, James Johnstone, called James with the Beard, for " the haill 
gang of the Bankis," the laird of Corrie, and John Johnstone " the chepman's " 
eldest son. He further promised to bring some of " the principalis of the 
gang of Willeis of Wamfra" to Dumfries to meet the regent there. 3 Thus 
" the lads of Wamphray " were even then a turbulent race. 

For most of the above persons, and others of less importance, Johnstone 
became liable in sums of money, two thousand merks being a frequent 
penalty. In one case, however, the responsibilty was more serious. He 
obliged himself to make the laird of Corrie (James Johnstone, a cousin of his 
own) become security to the regent for certain Irvings who lived on his 
lands. But if the regent was not content with the satisfaction offered, in 
that case Johnstone was to " burne thame, and put thame and hald thame 
furth of the cuntre, under the pane of twa thousand merks." There is, 
however, no evidence that this punishment was inflicted. 

1 Obligation, dated at Lochwood 5th August 1569, iu Annandale Charter-chest. 

2 Register of the Privy Council, vol. ii. p. 52. 3 Ibid. pp. 47-50. 



lxviii SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

It was in the January following these proceedings that the Eegent 
Murray was assassinated by Hamilton of Bothwellhaugh at Linlithgow. 1 
His death was a triumph to the party which favoured Queen Mary, and they 
at once took measures which plunged the country into civil war. They also 
showed their displeasure at the interference of the English queen in Scottish 
affairs, by joining with rebels against her authority, while constant and 
destructive raids were made over the English border. In these commotions 
of the period we find Sir John Johnstone playing a considerable part. Even 
before the death of Murray, his sympathies continued with Queen Mary, and 
he is mentioned, along with Lord Home, the lairds of Buccleuch, Fernyhirst, 
and others, as a supporter of the conspiracy against Queen Elizabeth, headed 
by the Earls of Northumberland and Westmoreland. In the beginning of 
January 1570 Sir John Forster wrote to the Earl of Sussex, intimating that 
Westmoreland was in Scotland, and that he and various other fugitives were 
sheltered by Ker of Fernyhirst and others. He adds that " if they hear of 
any force of England to pursue them, they purpose to take the sea at Fast 
Castle, or the West Marches by help of the laird of Johnstone." 2 This 
attitude, however, was suddenly abandoned for a more active policy, and on 
the. morning after the regent's death the Earl of Westmoreland, with his 
allies, the lairds of Buccleuch and Fernyhirst, and Johnstone, invaded 
England with three hundred horsemen, destroying the country as far as 
Morpeth. 3 This raid is said to have been conducted with special cruelty, 
for which, however, not the Scots, but the rebel English were held re- 
sponsible. A few weeks later another rebellion took place in the northern 
counties of England, headed by Leonard Dacre, a younger son of Lord Dacre 
of Gillesland, but it was quickly defeated, and Dacre and his brother were 

1 The musket with which the regent was 2 Calendar of State Papers, Addenda, 

shot long remained in the family of General 1566-1579, Letter 7th January 1570. 

Hamilton of Orbiston. The genera] presented 3 Calendar of State Papers, Foreign, Let- 

the weapon to Alexander, Duke of Hamilton, ters, Lord Hunsdon to Queen Elizabeth, 30th 

and it is still preserved at Hamilton Palace. December 1569. The Same, 31st January 1570. 



RESISTS LORD SCROPE's INVASION, 1570. lxix 

forced to take refuge in Scotland, where it is not improbable they were 
sheltered by Johnstone. 

These raids and rebellions provoked retaliation on the part of the English 
government, and the Earl of Sussex, in the following April, laid waste Teviot- 
dale and the country of Buccleuch, and Ker of Fernyhirst. A similar 
invasion of the west borders took place a few weeks later under Lord 
Scrope, who advanced to Dumfries and destroyed the lands of Lord 
Herries and others. Johnstone was also a sufferer by this raid, which he 
assisted in repelling. It was the result of a suggestion by the Earl of 
Morton, addressed to the English ambassador Eandolph, that the Lords 
Hemes and Maxwell, and Johnstone, who threatened to come to Edinburgh, 
might be forced to stay at home, if they were threatened by Lord 
Scrope. 1 Lord Herries in his Memoirs states that he and Johnstone effec- 
tually resisted Scrope's inroad by opposing him with their horsemen, while 
the country people drove their cattle to the moors. Scrope it is said retired, 
fearing distress in his army, but did a good deal of mischief in his retreat. 2 
The raid, however, was effectual in its desired result, which was to prevent 
the southern barons coining to the assistance of the Hamiltons, whose 
country was then being laid waste by the Earl of Lennox, with an English 
force under the leadership of the Marshal of Berwick. Besides Lord Scrope's 
invasion, the west borders of Scotland were in August 1570 again subjected 
to destruction by a force under the Earl of Sussex, which, however, was 
specially directed against the Maxwells rather than the Johnstones. 3 

These events may have influenced Johnstone in seeking to make 
terms with the government, Lennox having been elected regent on the 
12th July 1570. He also had some dispute with Lord Herries at this 



1 Calendar of State Papers, Foreign, Mor- Queen of Scots. Abbotsforcl Club, 1S36, 
ton to Randolph, 25th April 1570 ; Lord p. 127. 

Scrope, 9th May 1570. 3 Diurnal of Occurrents in Scotland, 1513- 

2 Historical Memoirs of the Reign of Mary 1575, pp. 1S4, 185. 



lxx SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

time, probably about tbe keeping of order in the district, 1 and this may like- 
wise have inclined him to submission. In any case we learn that he, with his 
former allies Buccleuch and Fernyhirst, travelled to Edinburgh in September 
1570 to arrange with the new regent. The terms prescribed to him as the 
conditions upon which he might receive the king's favour are still preserved, 
and may be briefly stated. First, he was to swear allegiance to King James 
as his only sovereign, and to obey the Earl of Lennox as regent ; second, 
the laird becomes obliged to preserve the peace between England and Scot- 
land, and to be answerable therefor in all time coming; third, he shall 
underlie the law for all offences committed against the peace of the two 
kingdoms, and for resetting English fugitives ; fourth, he is to be responsible 
for his clan ; and fifth, he is to enter six persons as pledges for his good 
behaviour. 2 The first interview with the regent was not satisfactory, as the 
parties separated " unaggreit," but it seems probable Sir John Johnstone 
was afterwards received to favour, although he does not appear with any 
prominence in public affairs for a year or two later. He was, however, 
engaged in transactions with his own clan and in private affairs. Thus, in 
April 1571, Thomas Johnstone in Fingland, and six other Johnstones, 
acknowledged that they had " borrowit " from Johnstone, their " cheif and 
maister," certain persons of the name of Johnstone, who were his "presoneris 
and captiuis," that they may be at " fredom and liberte." The borrowers then 
bound themselves in strict terms to restore the prisoners, on forty-eight hours' 
notice, within the tower of Lochwood, to be entered with the government, and 
that under a penalty of £1000 Scots to be paid for each person. 3 A few 
weeks later Thomas Johnstone of Craigaburn, John Johnstone, his son, and 
others, bound themselves in manrent service to their chief in the usual terms. 4 

1 Calendar of State Papers, Foreign, 2d in Scotland, p. 1S8. 

July 1570, Lord Serope writes referring to 3 Original obligation, Lochwood, 1st April 

dissensions between Johnstone and Herries. 1571, in Annandale Charter-chest. 

2 Copy of Conditions [no date] in Annan- 4 Original, dated at Branxholme, 20th 
dale Charter-chest ; Diurnal of Occurreuts June 1571, ibid. 



HIS MARRIAGE WITH DAME MARGARET SCOTT. lxxi 

The bond of manrent is signed at Branxholme, the residence of Sir 
"Walter Scott of Buccleuch, where Johnstone was apparently on a visit. He 
married Margaret Scott, the sister of Sir Walter, and the marriage contract, 
which was a post-nuptial one, was dated in 1568, Johnstone being then still 
a minor. The date when the marriage actually took place is not certain, but 
the necessary steps to secure the lady in her jointure were evidently 
arranged on the occasion of the visit to Branxholme in April. A few months 
later, on 4th November 1571, Sir John Johnstone obtained a crown precept 
for infefting him in his lands, as nearest and lawful heir of his father, the 
late James Johnstone, and in the following January he received sasine, when 
he immediately granted to his wife, Margaret Scott, a liferent right over his 
whole lands and possessions. These included the lands of Johnstone, Kirk- 
patrick, including Dowskellie or Dunskellie, and Cawartsholm, Wamphray, 
Pobudy or Polmoody, and Hardgray, and others, with the office of " coronator " 
within the bounds of Annandale. Sasine was given at the manor-place of 
Johnstone, commonly called the Lochwood. 1 



CHAPTER SECOND. 

Bonds with Elliots, Weirs, and Grahams — Morton visits the Borders — Takes pledges — 
Quarrel begins with Lord Maxwell — Put in ward 1575 — Bond to Johnstone by the clan 
— Defends Robert Scott of Thirlstane. 

After this little is recorded of the owner of Johnstone, except in connec- 
tion with the government of his district. The heads of the border clan of 
Elliot, Bobert Elliot of Beidheuch, Martin Elliot of Braidlie, and others, 
in December 1572, entered into a bond with him to restore to his 
custody when required one of their number, John Elliot " of the Steill," 
who had been taken prisoner by Johnstone. He was then staying at 

1 Sasine, dated 8th January 1571-2, nar- to Margaret Scott, 8th January 1571-2, con- 
rating precept, dated at Leith, 4th November firmed 10th March 1573. Registrum Magni 
1571, in Annandale Charter-chest. Charter Sigilli, vol. iv. No. 2126. 



Ixxii SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

Branxholrne, the residence of his brother-in-law, in close proximity to 
Braidlie, and the Elliots appear to have taken advantage of this to submit 
arrangements for their clansman. They wished to "borrow" him, or obtain 
his freedom, on a pledge being given for his return to custody at Lochwoocl, if 
he and his friends cannot agree on the matters in dispute between them and 
the Johnstones before the ensuing term of Candlemas. Both parties give 
assurance of safety to the goods and friends of the other during the inter- 
vening period. 1 

A few months later another question of a similar character was discussed 
by Robert Johnstone, uncle of Johnstone, and who acted on his behalf, the 
other parties being James Weir of Blackwood and his son James, John 
Bannatyne of Corehouse, and William Weir of Stonebyres. The story is told 
by a notary, and we learn that Johnstone began the interview, which took 
place at Clydesholm near Lanark, by desiring to know whether he might 
understand that the bond of kindness formerly made between him and his 
friends on one side, and the Weirs and their friends on the other side, stood 
according to its terms. He then desired the Weirs to deliver up to him four 
men of the Johnstones, whom, with their armour, horses, and gear, they had 
taken captive. He further offered to refer the matter to the opinion of four 
friends of the laird of Blackwood, duly sworn, and to abide by their decision, 
as when the men were taken " there was na manuis geir fundyn with thame, 
bot [they were] in ane common ostellar howse, beleving na ewill quhair 
throw thai suld be trublit." If, however, the Weirs and their friends refused 
to entertain the offer now made, Johnstone's envoy repudiated his portion of 
the bond of kindness, which he alleged they had broken by their withholding 
his friends and servants without cause and without commission from the 
government. 2 The result of this meeting is not recorded. 

The Regent Morton, in the same month of February 1573, issued to John- 

1 Original bond, dated at Branxholrne, 13th December 1572, in Armandale Charter-chest. 

2 Original writ, 1st February 1572-3, in Annandale Charter-chest. 



AGREEMENT WITH THE GRAHAMS, 1573. lxxiii 

stone and Eobert his uncle, rector of Lochmaben, a precept of remission for 
their appearance in arms against the king's party at the battle of Langside, 
in May 1568, but it does not appear that the Johnstones were present. 1 In 
May of the same year we find the chief acting for himself and "for his 
surname of Jolmstonis and their servandis," on the one part, entering into 
an agreement with Fergus Grahame of the Mote, Eobert Grahame of the 
Fauld, and a number of other Grahames (excluding Richard Grahame of 
Netherby, his party and servants), with a few Irvings and Stories, on the 
other part, in relation to the slaughter of Archibald Johnstone of Myrehead. 
The parties bound themselves to accept the decree-arbitral to be pronounced 
by twelve arbiters, six men chosen on either side, who were to meet at 
Craikhauch a few days after the date of the agreement. There the opposing 
parties were also to convene and present their respective claims for con- 
sideration, pledging themselves to abide by the decision. This agreement 
was made and signed by Johnstone and the other parties at Craikhauch, in 
presence of Sir Walter Scott of Branxholme, John Charteris of Amisfield, 
and others. 2 A postscript to the agreement contains a clause by which 
certain Armstrongs also bind themselves to submit to the decision of the 
twelve arbiters " anent their being vpoun the feild with their freyndis the 
tyme " that certain Johnstones " gat ony skayth." 

Another aspect of the relations in which the chief stood to the members 
of his clan is afforded by a bond of maintenance which he granted in July 
1573 to John Johnstone in the Greenhill, who had become his "man and 
servand in all tymes cumin, lelelie and treulie to mak" him faithful service 
on horse or on foot. In return Johnstone bound himself to fortify, maintain, 

1 Original remission, in Annandale Charter- patrick bind themselves to fulfil all their 
chest. " speikin " with the laird of Bucclench and 

2 Original, dated Craikhauch, 11th May laird of Johnstone on "Craikmoir" at their 
1573, in Annandale Charter-chest. There is last meeting, and also to keep the time and 
also a writ, without date, in which Fergus place appointed on receiving warning and due 
Grahame of the Mote and Edward Kirk- security [Original, ibid.]. 

VOL. I. K 



lxxiv SIR JOHN JOHNSTONE. KNIGHT, 1567-1-587. 

supply, and "debait" his "man" against all men having complaint against 
him " as ane faithfull maister audit to debait his trew seruand," in all his 
possessions. In particular he promised to secure his man in the heritable 
right of the six merk land of Batok or Beattock, in "the kindnes" of a 
two and a half merks land in Greenhill and a merk land in Kirkpatrick, 
occupied by the Taits, which were held from him as over-lord. 1 

In June of the following year, 1574, Johnstone was summoned to answer 
to the government for certain borderers, who had been held in ward as 
pledges for their kinsmen, and who had escaped from custody. In the 
autumn of 1573, the Begent Morton having, by the fall of the castle of 
Edinburgh, and the death of Kirkcaldy of Grange, obtained a complete 
triumph over the party of Queen Mary in Scotland, and secured a com- 
parative peace, led a large force to the Borders, and compelled the marauders 
there to respect the law. Numerous pledges were exacted for obedience, 
who were distributed in various strongholds at a distance from their own 
neighbourhoods, their custodiers being made responsible for their safe keep- 
ing under heavy penalties. Besides this, those gentlemen or noblemen in 
whose territories the pledges resided were also held responsible, and among 
such Johnstone took a prominent place, being accountable for no fewer than 
six of the pledges. These had escaped from their respective wards, and 
he and other sureties were summoned before the privy council to pay the 
amount of the penalty, £2000 Scots for each person. Neither he nor his 
co-cautioners answered the summons, and orders were given for the usual 
legal processes to be taken to obtain the fines. 2 A further demand for the 
same sum was also made against Johnstone at the same time because he had 
failed to enter John Johnstone of Graitnay, one of his clan, with the 
Government, to answer for certain misdeeds. 3 

Similar questions again arose a few months later, in November 1574, and 

1 Original bond, signed at Lochwood, 2d July 1573, in Annandale CUnrter-chest. 
- Register of Piiv}' Council, vol. ii. pp. 307-370. J Ibid. p. 373. 



CONTINUATION OF FEUDS WITH LOUD MAXWELL. lxxv 

though at first sight they appear such as arose in the ordinary course of 
border rule, their consequences were far-reaching, as it is at this time that the 
bad feeling which had formerly existed between the chiefs and clans of John- 
stone and Maxwell again began to show itself, to end, as will be seen, in bloody 
tragedies to both families. The beginnings of the feud at this time arose out 
of the sympathy with marauders of certain Johnstones who were " fylit " or 
accused for resetting fugitives from the English side of the border. Where 
accusations were made against parties on either side of the border, it was cus- 
tomary for the English and Scottish wardens to meet on appointed days 
called " days of trew " or truce, and decide the cases, either punishing the 
offenders or balancing the offences so as to secure justice to either nation. 
On these days the offenders accused were bound to appear, or their chiefs 
were responsible, and if the latter failed to produce the culprits, the wardens 
or the government were held accountable for compensation. Johnstone 
had been required by John, Lord Maxwell, then warden of the west 
marches, to produce certain Johnstones to answer to the charges against 
them, and so relieve the warden and the king of their responsibilities. John- 
stone, however, in defiance of the well-known laws of the marches, had failed 
in this duty, and Maxwell complained to the privy council of that, and also 
of the disobedience and non-compearance of Johnstone's friends and servants 
before the king's courts of the stewartry of Annandale. 

The privy council decided against Johnstone upon both counts, declaring 
that he ought to enter accused persons on the " days of trew," and also Lo 
attend the stewartry courts, while they ordered Lord Maxwell to give safe- 
conduct to the servants in passing to and from these courts. A secondary 
question between the parties related to the eating or destruction of certain 
corn by the servants and horses of Johnstone on the one side, and by Lord 
Maxwell's brother and his attendants on the other. The council ordered 
witnesses to be produced, both parties giving security to produce any persons 
complained against, while they allowed an ordinary civil action to be raised. 



lxxvi SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

Johnstone himself appears to have attended before the privy council, and 
in reply to its decisions he promised (1) to enter before the council so many 
pledges of his friends and servants as had gone home without leave; (2) to 
produce the persons accused at the next " day of trew ;" and (3) to cause all 
his friends in Annandale not already pledged to enter under pledge to the 
government. Lord Maxwell, who was also present, then joined with Johnstone 
in an attempt at settling their differences, by each naming so many persons 
from among their friends, who should meet together and endeavour to com- 
pose the quarrel. Meanwhile both parties promised to keep good rule in the 
district, and safe-conduct to and from the stewartry courts was secured to the 
Johnstones. 1 

Besides the threatened quarrel with Lord Maxwell, Johnstone at this time 
got into difficulties with the regent and council, who ordered him to be placed 
in ward until he presented certain members of his clan before them for 
justice. He apparently remained in custody until the end of February 
1575, when the Earl of Glencairn and three others became securities for 
him to the amount of £10,000 Scots of penalty. 2 In the following year, John- 
stone himself joined with Archibald, Earl of Angus, then lieutenant-general on 
the borders, in a surety for the appearance of the same culprits. 3 A year 
later he and Lord Maxwell again appeared on opposite sides in a question 
before the council affecting the warden's procedure. Lord Maxwell as warden 
had, on 31st March 1575, at a meeting at Gretnakirk, accused a servant of 
Johnstone's in terms of a " bill " or complaint presented by an Englishman, 
for the sum of £17 sterling. Johnstone took the part of his servant, and com- 
plained to the council of wrongful accusation. Lord Maxwell declared that 
the alleged culprit, Jok Irving of the Steelhill, was rightly accused, and offered 

1 Register of the Privy Council, vol. ii. Seton, Sir James Balfour of Pittendreich, and 
pp. 421-423. Sir James Cockburn of Scraling. 

2 Ibid. pp. 421, 434. The sureties were 

William, Earl of Glencairn, George, Lord 3 Ibid. p. 494. 



BOND BY JOHNSTONES TO THEIR CHIEF, 157". lxxvii 

to produce six witnesses to prove it. The case was adjourned that these wit- 
nesses might be present, but nothing further appears on record. 1 

These details of border matters may seem monotonous, but they are 
interesting, because they illustrate, as far as legal documents can, the rest- 
less, turbulent life of those over whom Johnstone had jurisdiction, and the 
incessant conflict they waged with the authorities. A more peaceful aspect 
is shown in a writ signed by him in December 1577, while residing at 
Cummertrees, near Annan. The " auld " tenants of the lands of Kelhead, 
also in that neighbourhood, declare themselves " contentit to cum in his will 
and make him thankfull payment and dalye seruice," with multure, bear 
[barley], and kain-fowls, and to pay their " enteres " between the date and New 
Year's day next. John Johnstone in return bound himself to defend all 
those tenants who entered with him and paid their dues and service, the 
obligation to last during the life of his sister Jean Johnstone, who was life- 
rentrix of the lands. 2 

A similar peaceful strain runs through another document dated some 
months later, and joined in by the clan " that beris and hes the nayme 
of Johnnstounis in speciall and in generall quha dependis vpoun the lard of 
Johnnstoun." They bind themselves, when any controversy arises among 
them about blood, goods, or lands, to refer the dispute to Eobert Johnstone in 
Carnsalloch and eleven other Johnstones " as aimable freindis equalie 
chosin be the rest and consent of the nayme that hecht Johnnstoun," 
Johnstone himself, " thair cheif and maister," acting as oversman. Every one 
is to abide by the decision of these arbiters in any question, and if any one 
fail to obey, the rest of the clan are to oppose him and punish him as they 
think expedient. If any of the arbiters themselves have any dispute it also 
is to be submitted and decided upon like other questions, and this agreement 

1 Register of Privy Council, vol. ii. p. 593. Charter-chest. Jean Johnstone was the 

2 Mutual obligation signed by John John- widow of William, Master of Carlyle, who 
stone, 9th December 1577, in Annandale died in 1572. 



Ixxviii SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

is to remain in force for a year or longer, according as the chief and his 
friends think fit. 1 

During the same year, 1578, Johnstone was also called on to deal with the 
affairs of persons in whom he was interested outside his clan. Thus he bound 
himself under a penalty of £2000 to present before the privy council a man 
named Alexander Carlile who had been imprisoned in irons for nearly six 
months by Lord Maxwell as warden. 2 Later, he appeared before the council 
on behalf of Robert Scott, the young laird of Thirlstane, to whom he was a 
curator, to complain of depredations on the Thirlstane estate and mansion- 
house. The culprit, Sym Scott of Winterburgh, had not only " masterfullie " 
attacked the house with armed men, but still held it by force. After some 
delay and a charge being issued by the council to that effect, Sym Scott gave 
up the house, or promised to do so, under a penalty of £500 Scots. 3 

CHAPTEK THIRD. 

Disputes about Wardenship — Johnstone appointed Warden, 1579 — Feud between Jolin- 
stones and Maxwells — Slaughter of Johnstone of Smallgills by Armstrongs — Compensa- 
tion for his slaughter — Slaughter of William Johnstone in Hayhill— Johnstone deprived 
of Wardenry, which was bestowed again on Lord Maxwell, 1581 — Imprisonment and 
execution of James Douglas, Earl of Morton — Johnstone ordered to ward north of 
River Earn — Truce between Johnstone and Earl of Morton (Maxwell) — Raid of 
Ruthven — Johnstone again appointed Warden. 

There were several changes made in the government of the borders at this 

time, and proposals made for their regulation, in which John Johnstone was 

interested. Lord Maxwell, who had been deprived of the office of warden in 

1577 and again reinstated, was now in 1579 a second time dismissed, and his 

uncle John Maxwell, Lord Hemes, appointed in his place. Previous to this, 

William, Lord Ruthven, had been acting as lieutenant-general on the 

1 Original, dated at the chapel of Din- Thomas Johnstone of Craigieburn, Gilbert 

woodie, 2d December 157S, in Annandale Johnstone of Wamphray, and others. 

Charter-chest. The names of the arbiters 2 Register of Privy Council, vol. iii p. 33- 

were Robert Johnstone in Carnsalloch, 3 Ibid. pp. 39, 72. 



LORD HERRIES' REPORT ON THE BORDERS. Ixxix 

borders, and had shown a good deal of energy in the office. It was no doubt 
owing to his recommendation that Lord Herries prepared and presented to the 
Council a report on the condition of the borders and the best means by which 
they might be governed. Lord Maxwell denounced the report as "pernicious 
counsale," intended rather to be prejudicial to himself than for the common 
good. The result of the debate on the subject in the council was the 
appointment of Lord Herries as warden. 

The report by that nobleman was very favourable to Johnstone, which, 
perhaps, was one reason why it was unpalatable to Maxwell. Lord Herries 
recommended that the warden of the west marches, which were most in 
question, should make his fixed residence in the castle of Lochmaben, or in 
winter at Dumfries, and should hold the stewartry courts weekly. He further 
proposed that every landed man should present his servants to that court 
when required, no exemption to this rule being permitted. He advised that 
to assist the warden or steward there should be five or six of the wisest men 
of the district as deputies, and of these two were to be Johnstones " of the 
wysest and ressonabillest men that culd be found." To give John Johnstone 
no occasion to think that the correction of his dependants was done either 
from greed or any kind of partiality, it was suggested as expedient that he 
should have one-half of the forfeited goods of such of his men as surrendered 
under his bond to the law and were found guilty and executed. To this last 
proposal, which he described as giving Johnstone occasion "to lyke weill of 
his thevis' correctioun," Lord Maxwell strongly objected, as he argued that if 
Johnstone had this reward of his disobedience, other barons might thereby 
be encouraged to disobedience until they obtained the same advantage. 1 

The report also recommended that the landed men in the district should 
keep garrisons and reside in their own houses during any time of special 
turbulence, giving every assistance in their power to the warden for the time. 
It is not clear what effect was given to this and other suggestions in the 

1 Register of Privy Council, vol. iii. pp. 77-84. 



lxxx SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

report. There was no immediate result, and on the same day on which it 
was considered we find Johnstone and others becoming sureties as on former 
occasions for various borderers who had been in ward as pledges and were 
now released. 1 He also became surety for several Turubulls and Scotts 
that they would appear before the council and answer for slaughter and 
forcible seizing of lands. 2 The release of the pledges referred to was the 
result of an arrangement with the government in terms of an obligation by a 
number of Jolmstones for whom the pledges were responsible. They declared 
that John Johnstone, their " cheif and maister," at their " speciall desire and 
fervent supplication," had bound himself for their common weal to the king 
and his lieutenant, and had pledged his life, lands and heritage, that they, and 
every one of the surname, would be obedient to the laws. He had also faith- 
fully promised to them to relieve their pledges, then in the king's hand, and to 
put them to liberty. In return they bind themselves and all their kin to assist 
in searching for and apprehending any of their number who should commit 
any crime by which their master might incur liability, and to bring the culprit 
to him to be punished as he thinks fit. Further, if the evil-doer cannot be 
apprehended, they bind themselves to burn, harry, and put him out of the 
country, and to satisfy the complainers. 3 

This bond appears to have been adhered to, and with good effect, if we may 
judge from the fact that during the next few months no charge against any 
Johnstone occurs either in the records of the privy council or the justiciary 
court. In August 1579 Lord Herries resigned the office of warden; and as 
Lord Maxwell was at the time confined in Blackness Castle, the chief of 
Johnstone was appointed to the vacant post. The bounds assigned to him 
were the west marches of Scotland opposite England, and included the 
districts of Eskdale, Ewesdale, Wauchopedale, Annandale, Nithsdale and 
Galloway, up and down the Cree, and over these his commission gave him 

1 Register of Privy Council, vol. iii. p. 85. - Ibid. pp. SG, S7. 

3 Obligation, dated 3rd January 1578-9, in Annandale Charter-chest. 



RENEWAL OF FEUDS WITH MAXWELLS, 1579. lxxxi 

full justiciaiy powers. 1 The usual proclamation was issued at the market 
cross of Dumfries and elsewhere, charging the inhabitants of the district to 
obey the new warden and assist him in every way, at their peril. 2 Following 
upon this, a week or two later, we have a bond in the warden's favour by 
James Graham of Gillisbe for himself, his men, tenants and servants, binding 
them all in manrent service in the usual terms. 3 In April of the following 
year, 1580, there was a similar but more significant document signed 
mutually by the warden, on one side, and Edward Maxwell of Tinwald 
and James Maxwell of Portrack, for their friends, on the other. The 
Maxwells bound themselves to take " trew, plane and uprycht pairt " with 
the warden against their own nominal chief, John, Lord Maxwell, Eoger 
Grierson of Lag, and their party and friends, while Johnstone on the other 
hand assured them of support and assistance against the same persons. 4 

This bond indicates virtually a new outbreak of the feud between John- 
stone and Maxwell. The latter, who had been in ward, was liberated in 
December 1579 on his promise to behave himself as a dutiful subject, and to 
assist the warden in preserving the peace. But not long afterwards, at a fray 
in Dumfries, two of his relatives assaulted Johnstone of Carnsalloch " to the 
effusion of his bluid in gret quantitie," and as one of the Maxwells was 
also hurt, John Johnstone and Lord Maxwell were both charged by the 
privy council to subscribe a mutual assurance to be entered into by both 
parties and their friends. 5 This apparently was done, but only a few weeks 
later Johnstone complained to the council that Maxwell had broken the 
assurance and had convened the king's lieges "in weirlyke maner." The 
case was continued for proof, but no record of the matter is preserved, and on 
2nd September 1580 they mutually signed another assurance to last for six 

1 Commission, 27th August 1579, in ber 1579, in Annandale Charter-chest. 
Annandale Charter-chest. 4 Original, dated Lochmaben, 8th April 

2 Register of the Privy Council, vol. iii. 1580, in Annandale Charter-chest. 

p. 207. 5 Register of the Privy Council, vol. iii. 

3 Bond, dated at Lochwood, 17th Septem- p. 265; 9th February 1579-80. 

VOL. I. ' L 



lxxxii SIR JOHN JOHNSTONE, KNIGHT, 15G7-1587. 

months. A similar bond was given by Lord Maxwell to the Maxwells of 
Tinwald and Portrack, who were, as we have seen, allies to John Johnstone. 1 
Sule by side with these petty quarrels among their dependants there 
were causes of irritation between the principals, arising out of the alleged 
refusal by Lord Maxwell to deliver to Johnstone certain papers connected 
with his office. The latter at least complained that Lord Scrope, the warden 
on the English side, " burdynnit " him to make delivery of persons accused 
by Englishmen, there being as many or more accusations on the Scottish 
side of which redress could not be got, as Lord Maxwell, late warden, had 
all the papers in his possession. Lord Maxwell and his deputy were duly 
charged by the privy council to produce these documents. They appeared 
in answer, and declared that the " bills " or accusations and other papers 
had been offered to Johnstone and refused by him, aud further, that Lord 
Maxwell had himself consigned them to the custody of the council. They 
therefore claimed to be released from the penalties threatened against them. 
The council first decided that the letters of charge had been properly executed, 
because Maxwell had not delivered the papers within the time assigned to 
him, but afterwards they released him and his deputy. 2 This matter was 
scarcely settled when another question was raised, this time by Lord 
Maxwell, who petitioned to have the use of the house and fortalice of 
Langholm. These had been taken from him by command of the council 
and delivered over to the custody of Johnstone as his successor in the 
wardenry, but, as Lord Maxwell asserted, it served nothing for the use of 
the new warden, as it remained uninhabited by him or his. The key was 
left nominally to the care of Lord Maxwell's servants, who, however, were 
forbidden on pain of their lives to enter the building without the king's 
permission. In these circumstances Lord Maxwell petitioned that as the 
want of the house was prejudicial to himself and the district, and as being 
unoccupied it might be seized bj r thieves from either side of the border, 
1 Register of Privy Council, vol. iii. pp. 287, 302. 2 Ibid. pp. 286, 287, 297-299. 



APPOINTED WARDEN OF THE WEST MARCHES, 1579 lxxxiii 

it should be restored to him to be used for the better preservation of the 
neighbourhood. Johnstone was personally present at the hearing of this 
petition, and, no doubt with his consent, it was directed that Maxwell should 
have the use of the house, on condition that it be given up to the warden 
whenever he required it, who in turn should restore it to the owner when 
not needed for official purposes. 1 

In his capacity as warden and also as chief of a clan, Johnstone had to 
deal with questions of compensation and reparation to surviving members of 
families or households whose head had been killed. Thus some time appar- 
ently not long after his appointment as warden, one of his clansmen, Simon 
Johnstone of Smallgills had been slain by certain Armstrongs, who made 
offers of compensation to the injured relatives, as the unhappy event appears 
to have been unpremeditated. The offers are addressed, on the outside — 

" To the rycht honorabill the lard of Jhonston, lord varden of the west 
marsches, and to the barnes of wmquhyll Symont Jhonston of Smallgylls, and to 
James Jhonston in Capellgyll, and to the rest of your brether, your kyn, freyndis, 
allians, your parte and parttakaris," 

and they are made by 

" Arche Armestrang, Eyngen Armestrang, Farge Armestrang, brether, with 
the assent and consent of our hell brether and brether sones, and kyn, freynds, 
allians, our parte and parttakaris, for the sodaud and vnprovydyt slawchter of 
wmpqwhyll Symont Jhonston of Smallgylles." 

They offer, first, "full repentens to the Lord our God" for the murder, 
beseeching his mercy that they never attempt the like hereafter. Secondly, 
they offer " to be fathar to his beirnes and brether to his brether," in all 
their affairs. Thirdly, they offer to be bound in manrent service for ever 
to Johnstone and his house. Fourthly, they offer to come to the church 
of Moffat, or any other place convenient, " in our lyneng clathes, kneleng 
vpone our kneyes, with our sordes dravne in our liandis, and sail delyvar 
1 Register of the Privy Council, vol. iii. pp. 304, 305. 



lxxxiv SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

them to yov be the hiltis in tokynyng of repentens of that wekket and 
vuprovydet slawchter." Fifthly, they offer to pay the sum of four hundred 
merks Scots. Sixthly, they offer, if the above be not sufficient, to abide 
the judgment of four Johnstones and four Armstrongs, equally chosen by 
each party, and to fulfil their decision. Seventhly, they offer to give to 
the eldest son of the slain man a horse worth one hundred merks or else 
one hundred merks in money, as he prefers, and they conclude by expressing 
an earnest desire that their offers may be accepted. 1 

A similar document was presented to John Johnstone some months later 
by Edward Irving of Bonschaw, George Grahame of Eainpatrick, and John 
Irving of Knokhill, offering compensation on behalf of themselves and their 
friends " for being on the feild at the vnhappe slauchtter " of the late William 
Johnstone in Hayhill, which they "sayrlie repent." The offers made are 
for the most part identical in terms with those in the writ already quoted, 
but there are some differences. Thus their second offer is " to try oure 
innocens and to acquite ws and all ouris that nane of ws schot that vnhappie 
schot quhareby the said Williame was slayne, nor bure the said Williame 
ua rankour in our harttis." Thirdly, they offer to surrender two of their 
number into the hands of the laird of Johnstone at Lochwood, to abide 
such trial as he shall appoint " that nane schot the sayde schot," but 
if either be found culpable, their punishment is consented to without 
prejudice to other offers. The offer of five hundred merks money to the 
widow and children is made with a promise of more if desired. They 
conclude by earnestly desiring the acceptance of the offer. 2 These writs 
are of considerable interest as indicating the method of procedure in cases 
where unpremeditated slaughter had been committed. 

Some other documents referring to this period of wardenry may also 
be noticed. The first is an order of council directing Lord Paithven 

1 Original, not dated, in Annandale Charter-chest. 

2 Offers, dated February 1581-2, in Annandale Char-ter-chcst. 



DEATH OF DOUGLAS, EARL OF MORTON, 1581. lxxxv 

as treasurer to pay the warden's wages. We learn from this that he was 
not only held entitled to a fee, but also to keep up a garrison of horsemen 
for the service of his office at the expense of the government. 1 The order, 
however, does not state what the amount of fee was. Another act autho- 
rised him as an officer of the crown to arrest and distrain the goods of 
certain persons who had been sureties for a prisoner named John Batie, who 
had been released from ward at Dumfries under pledge for his return. This 
pledge he had violated and was causing trouble in the district, while his 
sureties were called upon to pay the penalty. 2 Such pledges for persons 
liberated on bail and two others were given to the warden about this time. 
Christy Armstrong of Barngleis bound himself that certain persons of the 
name of Little should be forthcoming when required to answer to the 
complaints made against them on both sides of the border. 3 A similar 
bond was given for Thomas Johnstone of Fiugland, who was allowed to go 
home for five days, that he would enter himself again in Loclimaben, 
his sons William and Simon remaining within the town till his return, in 
addition to the caution given in the bond. 4 Besides, there are various 
occasions on which Johnstone himself was held responsible for the appear- 
ance before the council of defaulting members of his clan. 5 

On the last day of the year 1580, James Douglas, Earl of Morton, 
formerly regent, was committed to ward on the charge of being accessory 
to the murder of King Henry Darnley, and, as is well known, this led to his 
trial and execution six months later. In him Johnstone lost a staunch 
supporter, and one who had befriended him in all his quarrels with his 
rival, Lord Maxwell. With the decline of Morton's influence Johnstone's 
enemies began to make head against him, and in the early part of the 

1 Extract Act of Council, 24th September 3 Bond, dated Lockerbie, 8th February 
15S0 ; Register of Privy Council, vol. iii. p. loSO-Sl, in Annandale Charter-chest. 

316. 4 Bond, dated Loehmaben, 21st February 

2 Act in Annandale Charter-chest ; Register 1580-81, ibid. 

of Privy Council, vol. iii. p. 315. 6 Register of Privy Council, vol. iii. p. 352. 



lxxxvi SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

year 1581, various reports were made to the king that the warden 
was relaxing in the performance of his duties. He had been ordered to 
hold a " warden raid " upon the borders, and the usual muster of fencible 
men had been summoned to meet him at Dumfries on 15th December for 
executing justice on offenders. He does not appear to have obeyed this 
order, and a similar summons was issued for 15th February 1581, which 
was again postponed to 20th March. These facts probably gave ground 
for the reports as to the warden's laxity which the king at first was slow 
to believe, because of Johnstone's previous good service, but as he failed 
to appear when charged to clear himself, he was declared a rebel, and the 
office of warden was again conferred upon John, Lord Maxwell. 1 

It is evident that Johnstone was considered a partisan of Morton and of 
the Earl of Angus, as after the execution of the first and the flight of the 
second into England, he was taken bound to enter in ward " benorth the 
water of Erne," and also to deliver up all the wardenry papers remaining 
in his hands. The warding was, however, postponed for a time, as he had 
certain actions depending before the privy council. 2 Later, he was further 
bound under heavy penalties that he would not intercommune with the Earl 
of Angus. An order was also issued affecting his property, not his estates, 
but his moveable goods, which apparently were taken care of by his clan. 3 
In the beginning of the year 1582, however, Johnstone and a number of 
others were charged to appear before the privy council to answer inquiries as 
to certain disturbances on the west marches in which some Englishmen 
were concerned, " brocht in, as his hienes is informit, be sum evill disposit 
personis, inhabitants of the said marche, purposelie as apperis to the 
troubling of the gude and quiet estate of the cuntre." 4 It is not improbable, 
though there is no clear evidence on the point, that the disturbance referred 

1 Register of Privy Council, vol. iii. pp. 332, 339, 355, 374-376. 

2 Ibid. pp. 396, 409. 

3 Ibid. pp. 414, 434 ; 9th December 1581. 

4 Ibid. p. 455; 22d February 1581-2. 



THE RAID OF RUTHVEiSr, 1582. lxxxvii 

to was caused by the Earl of Angus, then a refugee in England, who is said 
to have been so incensed at the title of Earl of Morton being granted to Lord 
Maxwell that he invaded and laid waste some of that nobleman's lands. 
About a month after this summons, Lord Maxwell, henceforth to be known 
as Earl of Morton, and Johnstone entered into a mutual assurance of peace 
and safety betwixt themselves and their friends, to endure for nine months. 1 
One result of this temporary reconciliation was that not long afterwards 
they were both warned by an order of council not to join in armed convoca- 
tion, which they proposed to do, being summoned to attend a " day of law " 
at Edinburgh on 31st May. They were instructed to come to the place of 
meeting with only twenty-four persons in their company, and " in quiet and 
peciable maner." 2 The circumstances for which this " day of law " was 
appointed have not been ascertained. 

For some months after this, nothing is recorded of John Johnstone, 
until the sudden change of government effected by what was known as the 
" Eaid of Euthven." The two noblemen who had directed affairs in Scotland 
since the arrest of the Begent Morton were Esme, Duke of Lennox, and James 
Stewart, Earl of Arran, the former of whom was the king's favourite while the 
other was the usurper of Arran. Taking advantage of the temporary absence 
of both of these from court, the Earls of Cowrie, Mar, and others, secured the 
person of the young king, and proceeded in his name to administer the govern- 
ment. Arran was seized and imprisoned, while Lennox was compelled to 
retire to France. The change of politics thus effected had its influence on the 
fortunes of Johnstone, as his rival, Morton, fell under the displeasure of the 
new government. He had taken part in an unsuccessful attempt made by 
the Duke of Lennox to regain his authority, and advantage was taken of 
the disturbed state of the borders to depose him from office. The Earl of 
Morton, John, Lord Herries, and Johnstone, with others, were summoned 
to confer with the privy council, and advise as to the means best fitted for 
1 Register of Privy Council, vol. iii. p. 466. 2 Ibid. p. 487. 



lxxxviii SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

repressing theft and crime on the borders. The others appeared, but Morton 
did not, and Johnstone was again appointed warden in his stead. 1 

The office on this occasion was imposed with conditions, that the warden 
should obey the instructions laid down in 1579 by Lord Hemes for the 
government of the borders. 2 But while the new warden was thus placed 
under regulations, his entrance on office was made as easy for him as 
possible, as it was enacted that because of the increase of crime in the 
district since he had formerly been warden, he was not to be bound to 
give redress to any complainer until the king should give further directions 
as to redress. Another council order shows that, as on the previous occasion, 
difficulties were thrown in Johnstone's way by Maxwell and his dependants, 
as they refused to pay the dues exigible by the warden, as custodier of the 
castle of Lochmaben, while Maxwell delayed delivery of the necessary 
official documents. 3 It may be added that the Euthven government paid a 
good deal of attention to the state of the borders, several acts during their 
brief tenure of office being devoted to the subject. One of these ascribes 
the chief cause " of the greit rebellioun and contempt " of the king and 
warden on the west marches to the " ressett of thift and mutuall dealing " 
made between the thieves on the Scottish side and " thair nychtbouris 
being of the like conditionis and rank duelland on the opposite merche, 
common innymeis to baith the realmes." To provide a remedy, Johnstone 
was specially empowered to consult with the English warden at Carlisle 
or Dumfries, under safe-conducts on both sides, as to the means of re- 
pressing crime. By another order the wardens of the Scottish marches were 
reprimanded for leaving their jurisdictions, and absenting themselves on 
private affairs, and were forbidden to do so without the royal licence. 4 



1 Register of the Privy Council, vol. iii. 3 Register of the Privy Council, vol. iii. 
pp. 527, 52S, 531. pp. 539, 540. 

2 Ibid. vol. iii. pp. 77-82 ; Book of Car- 
laverock, vol. ii. pp. 483-487. 4 Ibid. vol. iii. pp. 560, 567, 568. 



HIS ACTIVITY IN THE OFFICE OF WARDEN. 



CHAPTER FOURTH. 

Anan re-established— Johnstone's activity in his office — Attack on house of Bonshaw by 
Douglas of Drurulanrig — Captain Lamby spoils the lands of Blawatwood — Johnstone 
raised to knighthood as Sir John Johnstone of Dunskellie — Quarrel with Maxwell about 
election of a provost of Dumfries — Lochwood attacked and burnt, 1585 — Sir John 
taken prisoner — His death, 1587 — Margaret Scott, Lady Johnstone. 

The government constituted by the Eutliven raiders was brought to an 
abrupt conclusion by a counter revolution on 27th June 1583, and a few 
weeks later the Earl of Arran came again into power. The fortunes of 
Johnstone continued to be in the ascendant under the new regime, as his 
rival Maxwell was obnoxious to the powerful favourite. Indeed, it is from 
this time that we may date the beginning of the fiercest part of the feud 
which previous events had fostered between the two rival chieftains, and 
which was soon to be stirred to greater activity. Before the matter reached 
this climax, we find from the records of council that Johnstone applied himself 
strictly to the duties of his office. His interpretation of these led him, in 
August 1583, into a dispute with the provost and bailies of Dumfries, who 
had seized and detained an Englishman named Gavin Hogson, whom they 
would not release until the warden gave an assurance that he would be 
forthcoming when required. The warden refused this, on the ground that 
the man had a safe-conduct from him which the townsmen had violated. 
The council, however, decided against the warden, who wished his bond 
annulled, declaring it must stand, as the man had been apprehended in virtue 
of royal letters, because he had dealt with certain goods which had been 
pillaged from some Frenchmen, "freindis and confiderattis" of the kingdom. 1 

To mark his sense of Johnstone's good and faithful service, the kin" 
granted to his son, James Johnstone, the escheat of the lands of Torthorwald, 
formerly belonging to Michael Carlyle. 2 The gift had been granted to 

1 Register of the Privy Council, vol. iii. pp. 590, 591. 

2 Ibid. vol. iii. pp. 596, 597. Shortly after this Johnstone was directed to deliver up the 
castle of Langholm to John Maxwell, Earl of Morton. [Ibid. p. 59S.] 

VOL. I. M 



xc SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

George Douglas of Parkhead, but was now revoked in Johnstone's favour. 
This favour was bestowed upon Johnstone a day or two after he had 
been summoned to attend the king at St. Andrews. During his temporary 
absence from his wardenry an incident occurred which drew from him a 
complaint to the privy council. He narrated the terms of his accepting 
office, with an allowance for a garrison of horsemen, though lie had received 
little of it. He reminded the council that he had preferred the king's service 
and the quietness of the country to his own private gain, and assured them 
that at " lairge and sumptuous charges " he had reduced his troublesome district 
to such obedience that he could cause all men within his wardenry " to make 
answer and redres bayth to Scotland and England for onie attemptatis 
committit be thame." Notwithstanding this, however, taking advantage of his 
absence, James Douglas, the laird of Drumlanrig, and Mr. Eobert Douglas, 
provost of Lincluden, with a company of their friends and servants, and a 
following of Carlyles, Irvings, outlawed Scots, English borderers and others, 
" broken men " whom the laird of Drumlanrig had " interteneit" for the last 
half year, to the number of fifty men, had made an attack on the house of 
Bonshaw, belonging to Edward Irving, a connection of the warden, who had 
placed there a number of Bells and Irvings to be kept in custody " as 
notorious offendouris, rebellis and dissobedient personis." The Douglases 
forcibly entered the house and liberated these persons, whom they carried to 
the town of Dumfries and the college of Lincluden, where they still remained, 
while the chief marauders with their outlaw companions returned home to 
Drumlanrig. The council summoned the Douglases, who admitted that 
some of the persons liberated were at Drumlanrig. The laird of Drumlanrig 
was ordered into custody in Edinburgh Castle, while the provost of Lincluden 
was warded in Blackness, to remain until those who had been released 
were produced before the council or the warden. 1 

1 Register of the Privy Council, vol. iii. pp. apprehension of the persons who had thus 
607,608; 29th October 1583. On 1st March violently been set at liberty. [Ibid. p. 638.] 
1G84, a proclamation was issued for the 



CAPTAIN LAMBY PLUNDERS BLAWATWOOD, 1583. xci 

Johnstone, in his complaint just cited, refers to a garrison of horsemen 
which was supposed to be kept up by the government for the use and at 
the service of the warden. This garrison, however, was ill-paid, and seems 
to have been occasionally a cause of embarrassment rather than a help, if we 
may judge from an incident which occurred in May 1583, before the close of 
the Euthven administration. The leader of the warden's troop at this time 
was Captain Andrew Lamby, who appears in the privy council register as 
a strong enemy of the house of Hamilton and the custodier at Linlithgow of 
the Earl of Arran. Captain Lamby appears to have been a rough soldier, 
and his conduct on that occasion bears out this view, for he and his men, 
probably on account of some difficulty as to pay, marched to the lands of 
Blawatwood, belonging to Arthur Graham, and seized fifty cattle and eighty 
sheep, with a horse. The cattle were valued by the owner at seven pounds 
a-piece, and the sheep at twenty-four shillings each, while the horse was 
worth thirty pounds, all in Scots money. The trespassers also carried off, 
from the poor tenants, one hundred and twenty nolt or young cattle, valued 
at one hundred and fifty pounds, and they refused to deliver or restore the 
spoil until paid that sum. Even then they carried off Graham's own cattle 
and horse and refused to return them. He complained to the privy council, 
declaring that Lamby and his troop acted under the orders of the warden, 
and as they were not responsible he should be held liable. The lords of 
council directed the warden to restore the goods or their value, to refund 
£150 paid for the nolt, and give surety in £2000 to be answerable for all 
" attemptatis bigane and to cum." 1 

Johnstone and his men were at a later date called to take active part on a 
wider field than that of border police. The Earls of Gowrie, Mar, and Angus, 
and their adherents, who for a period had been in exile or obscurity, suddenly, 
in April 1584, drew to a head, raised a force, and seized the castle of Stirling. 
The king, by the activity of Arran, raised an army of about 10,000 men, and 
1 Register of Privy Council, vol. iii. pp. 584, 585 ; 29th July 1583. 



xcii SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

marched against the insurgents, who, however, did not await the onset, 
but made their way southwards, passing into England. Johnstone joined 
the royal forces with his troop, and when the flight of the rebel lords 
was reported, he and his men were dismissed homewards. On their way 
southward, when not far from Lanark, they were descried by the rebel force, 
who, seeing the small troop of horsemen approaching, despatched a company 
to see who they were. The leader was Archibald Douglas, sometime con- 
stable of the castle of Edinburgh, who, finding that Johnstone was there, 
submitted as to a clansman, fearing no evil. 1 But Johnstone, fearing that if 
he allowed his prisoner to escape, it might bring him into disfavour at court, 
returned to Edinburgh, delivered his captive there, and gave information as 
to the movements of the rebel lords. It is surmised that Johnstone did this 
under the belief that Douglas would only be placed in ward, but the court 
was so bitter against the rebels, while Arran desired to make Johnstone 
unacceptable to Angus, and draw him to his own faction, that Johnstone was 
thanked for his service, but Douglas was hanged. 2 

This activity brought Johnstone into favourable notice at court, and he 
was raised to the rank of knighthood, as Sir John Johnstone of Dunskellie, 
which was part of his lands in the parish of Kirkpatrick-Fleming in 
Aunandale. He received also a grant, to himself and his wife, of the lands 
of east and west " Mont Berrigers " or Montbengers, and Catslack, in the 
county of Selkirk. These had formed part of the forfeited estate of the 
Earl of Angus, and were conferred for Johnstone's services. 3 Johnstone's 
promotion, however, led the Earl of Arran, who was then at the height of 
his power, to use him as an instrument of annoyance to John Maxwell, 
Earl of Morton, who had incurred the resentment of the favourite. With 
this view Arran prevailed upon Margaret Scott, Lady Johnstone, then at 

1 Johnstone and Archibald, Earl of Angus, secondly of David Douglas of Cockburnspath. 

head of the Douglases, were sons of the same 2 Calderwood's History, vol. iv. pp. 33, 35. 

mother, Margaret Hamilton, wife, first of 3 Original charter, dated 8th September 

James Johnstone, younger of that Ilk, and 1584, in Annandale Charter-chest. 



RAISED TO THE RANK OF KNIGHTHOOD, 1584. xciii 

court, to persuade her husband to accept the office of provost of Dumfries, 
which had been held by a supporter of Maxwell. Arran then, at the time of 
the election in September 1584, wrote in the king's name to the electors, 
requesting them to choose Johnstone in place of Maxwell's nominee, alleging 
that if he were made provost of Dumfries he would occupy a position which 
would make his powers as warden more effective. But Maxwell assembled 
such a force on the day of election that he prevented Johnstone from entering 
Dumfries, and secured the re-election of John Maxwell of Newlaw, the 
former provost. Of this fact Johnstone at once complained to Arran, and 
alleged that unless Maxwell's power were restrained, it would be impossible 
to keep order in the district. 1 

It was in consequence of Lady Johnstone's influence at court, or so the 
English historian Holinshed represents it, that two companies of hired 
soldiers were despatched to the aid of the warden, under the command of 
Captains Lamby and Cranston. But this force was intercepted on Crawford 
moor by a party of Maxwells headed by Bobert Maxwell of Cowhill, and after 
a sharp conflict, they were completely defeated, Lamby being killed and 
Cranston taken prisoner. 2 The offences of Lord Maxwell and his adherents 
certainly, in the beginning of 1585, called forth from the privy council a 
proclamation, requiring the fencible men of the west marches, with fifteen 
days' provisions, to meet the king's lieutenant at Annan, for service against 
some inhabitants of the Debateable lands, and also against refractory depen- 
dants of Maxwell. A few days later Maxwell was denounced rebel and 
required to surrender his strongholds of Carlaverock, Thrieve, and others, 
into the king's hands. 3 

This order was issued on the 26th February 1585, and on 3d March 
Maxwell wrote to King James Sixth a long letter, complaining bitterly 
against Stewart, Earl of Arran, who he declares had stirred up against him his 

1 The Book of Carlaverock, vol. i. p. 260. 2 Ibid, p. 261. 

3 Register of Privy Council, vol. iii. pp. 721, 725. 



xciv SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

" deadlie enemye " the laird of Johnstone. He complained also that the 
charges against him were false, and that the order for his imprisonment in 
Blackness arose from the ill-will of the Earl of Arran. He petitioned the 
king that he might have a fair trial or be allowed to leave the country for a 
time. It does not appear that a favourable reply was given, and owing to 
the confusion between the rival clans, many lawless persons were set at 
liberty. 1 Taking advantage of this, Maxwell resolved to revenge his own 
cause, and his natural brother, Eobert Maxwell of Cowhill, at the head of 
one hundred and twenty English and Scottish rebels, attacked in the night- 
time the castle of Lochwood, Johnstone's chief residence, and plundered it, 
after which they set fire to it and burned it, their leader, it is said, observing, 
with savage glee, that he would give Lady Johnstone light enough by which 
to set her silken hood. 2 This Lady Johnstone was Dame Margaret Scott, a 
daughter of Buccleuch. In the conflagration Johnstone's jewels and his 
charter-chest, as well as all the household furniture, were destroyed. 3 This 
outrage, which took place on 6th April 1585, was connected in the minds 
of some with English intrigue on behalf of the banished Earls of Mar, 
Angus, and their adherents. The Master of Gray, then a prominent figure in 
Scottish politics, wrote to Queen Elizabeth, some days after the occurrence, 
that a copy letter had fallen into the hands of King James, which was 
reported to have been written by her to Lord Maxwell " promising him 
assistance in this his foolish attempt." The king was not willing to believe 
she knew of Lord Maxwell's purpose, but the writer is desirous to know, for 
the credit of his mission, whether the letter was written by her Majesty, or 
whether it was issued by Lord Maxwell himself, as the writer thinks. 4 

It was perhaps this suspicion, that Maxwell was in league with the 

1 Letter, Lord Scrope to Walsyngham, 3 Original claim against Maxwell, in 
sending also a copy of Maxwell's letter to Annandale Charter-chest. 

King James. Hamilton Papers, vol. ii. pp. 

63(5-638, 640. * Papers relating to Patrick, Master of 

2 Book of Carlaverock, vol. i. p. 262. Gray, pp. 43, 44. 



COMMISSION OF FIRE AND SWORD AGAINST LORD MAXWELL, 1585. XCV 

banished lords — a suspicion afterwards abundantly verified — which gave 
more than usual energy to the preparations made by the government for 
punishing the outrages committed by the Maxwells. Various proclamations 
were issued charging the fencible men of the south of Scotland to meet in 
arms for service against Lord Maxwell and his adherents. He was deprived 
of the title and rank of Earl of Morton, and the grant of the lands and barony 
of that name was revoked by the king. 1 A convention of estates was 
summoned, which voted a taxation of £20,000 for levying men and horses to 
serve on an expedition against the Maxwells. The expedition thus projected 
was afterwards postponed on account of the plague, but meanwhile Sir John 
Johnstone received, as warden, a special commission of fire and sword against 
Lord Maxwell and his followers. The Earl of Bothwell, Lord Home, Walter 
Scott of Branxholm, and other border barons and wardens, were ordered to 
assist in the execution of the commission. 2 Maxwell, however, did not wait 
for this array to be brought against him. The commission was issued on 13th 
May 1585, and only two days later, we find Johnstone writing to a friend 
from Lochmaben Castle that Lord Maxwell thought to be within their 
country shortly. He desires his friend to meet him, with as many horse and 
foot as possible, on the following Monday, at the kirk of Applegirth, that they 
may defend themselves from invasion. 3 But Maxwell's movements were too 
rapid even for this preparation, as on that very day and the day following, he 
and his whole force overran the barony of Johnstone " and thair brint, slew, 
herreit, sackit," and destroyed the lands and houses, and carried off the goods 
of the tenants and others. 4 

Sir John Johnstone had already, it would seem, set the example by 
burning the lands of Cummertrees, Duncow, and Cowhill, belonging to 
Maxwell, whose attack on the lands of his rival was thus a retaliation. It is 

1 Register of the Privy Council, vol. iii. 3 Thorpe's Calendar of State Papers, vol. i. 
pp. 734, 735, 737, 741. p. 495, No. 42. 

2 Register of the Privy Council, vol. iii. 4 Claim by James Johnstone against Max- 
pp. 745, 746. well, in Aunandale Charter-chest. 



xcvi SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

possibly to this period that an incident belongs which is related by Holin- 
shed, a contemporary English historian. He states that on one occasion 
Johnstone was so hard pressed by Maxwell that he took refuge in the tower of 
Bonshaw, the stronghold of the chief of the Irvings. Maxwell laid siege to 
the place, and even brought cannon against it, with which he so battered the 
walls that the besieged were on the point of surrendering, when Lord Scrope, 
the English warden, intervened as a mediator, and an agreement was arranged. 1 
This is not improbable, as partly owing to the plague and partly to a special 
embassy from England, the attention of the Scottish king and court was so 
occupied that they had little time to bestow on the border. The contest, 
however, between Maxwell and Johnstone was interrupted for a time by a 
misadventure to the latter. He had placed a party of his men in ambush at 
a place " between Tinwald and the Warden-ditches " to attack Eobert Max- 
well of Cowhillon his way from Dumfries towards Langholm. The party had 
been observed, and were attacked by George Carruthers of Holmends, captain 
of the castle of Thrieve under Maxwell, and one of his staunchest supporters. 
Johnstone's men were completely defeated, and he himself, who was at their 
Iread, was taken prisoner. 2 The date of this incident is not stated, but 
Sir John was apparently a captive in October 1585, when the banished 
lords, Mar, Angus, and others, were allowed to return to Scotland. One of 
their first acts after reaching Berwick was to establish communication with 
Lord Maxwell, who had been in arms all the summer before on account 
of his quarrel with the warden, 3 and there can be little doubt that much 
of Maxwell's hostile activity was a protest against Arran's government, and 
practically a demonstration on behalf of the exiled lords. Even so early 

1 Holinshed, vol. ii. pp. 429-431 ; Book of but no place is stated, and only the year is 

Carlaverock, vol. i. p. 262. The draft of an given, 15S5. 

agreement between the Earl of Morton and 2 Holinshed, vol. ii. p. 431 ; The Book of 

Sir John Johnstone, containing a mutual Carlaverock, vol. i. p. 263 n. 

assurance to last till 1st May 1586, is still 3 Papers relating to Patrick, Master of 

preserved in the Annandale Charter-chest, Gray, p. 59. 



LIST OF THE JOHNSTONE CLAN, 1581-1587. xcvii 

as August 1585 he had promised his assistance if they could levy men and 
come to the borders, which suggests that Johnstone was then in his power. 1 

The banished lords, assisted by Maxwell, Bothwell, and others, advanced by 
easy stages to Stirling, where the king was, and on their arrival Arran fled 
from court, and a change of ministry took place. Johnstone remained in 
Maxwell's custody all this time, and it was only in December 1585, at the 
first parliament under the new government, that Maxwell, in consideration of 
an act of oblivion in his own favour, offered to set his prisoner at liberty. 2 

In addition to the assurances for keeping the peace, which have been 
referred to, another Assurance of a most comprehensive kind was entered 
into between Sir John Johnstone and his three neighbour chiefs, Maxwell, 
Drumlanrig, and Applegarth. On the part of Sir John this document 
contains in all four hundred and fourteen names, besides numerous relatives, 
tenants and servants, referred to, but not named in the document. It 
includes many Grahames, Irvings, and others, and is headed as follows : — 

" Thir ar the names for quhome Schir Johne Jonstoune of Donscelle, knycht, 
is content to be bound for, that thai sail obserw and keip the assurance tayne 
betuix Johne, erill of Mortoun, the Lairdis off Drumlangrik and Appilgarthe, and 
the said Schir Johne, quhais names followis, to wit." 3 

The first name in this list is " Johne Jonstoun of Gretno," who is followed by 
Leonard Irwing in Cawarttisholme, brother to Watty Irwing of Gretuohill, and 
fourteen others, servants and tenants to John Johnstone of Gretno. 4 

Will Johnestoun of Reidhall, and twelve others, sons, brothers and servants. 

Watte Irving of Gretnohill, with nine others, brothers, sons and servants. 

Will Irwing of Gretnohill is responsible for twenty-one other persons, 



1 The Book of Carlaverock, vol. i. p. 267. and their clan followers. It is engrossed in 

„ small distinct writing on eight pages folio 

2 Acts of the Parliaments of Scotland, , ., . , , ., , , . 7 , , . 

size. As it is too lengthy to be included in 

' "" ' extenso, the abstract here given indicates the 

3 Contemporary copy in Annandale Charter- chief members of this great Border clan, 
chest. The list bears no date, but it must 4 Where sons or other relatives and ser- 
have been written between the years 1581 vants and tenants are given, the person to 
and 15S7. The list of names is very compre- whose name they are attached is answerable 
hensive of the Johnstones, Irvings, Grahams, for them. 

VOL. I. N 



xcviii SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

brothers, sons and others, including Edward Irwing of Gretnohill with four 
brothers and sons, and Ryche of Gretnohill with four servitors. 

Johne Irving of Steilhill, with brothers, sons and servants, eight in number. 

Ryche Grame " callit the Plumpt " follows with two sons. 

Andro Johnestoun in Locirbe, is responsible for seven persons, his brothers, 
sons and servants, "and for all the said Andro in Locirbeis serwandis and 
tennentis duelling on the xx pund land of Turmour and Mantorig, except the 
Johnestounis duelleris thairon and Wille Armestrange." 

Thomas Johnestoun of Fynglen, his sons and tenants, and his sons' tenants ; 
who is also said to be answerable for Habe Jonstoun in Hesilbank and his 
brothers, though they are also entered as responsible for themselves. 

Johne Jonstoun in Cartertoun and his brothers and their tenants ; Andro 
Johnestoun in Marriobank and his two sons ; Michell M'Weite in Kindilheid, 
Jok M'Veite there and his tenants ; Fyndlaw Jonstoun in Ershag and his son, 
and another. 

James Johnestoun in Mydilgill, with twenty-eight other persons, his brothers, 
servants and friends, including Jame Jonestoun in Rewois, James Jonestoun in 
Craigeland, Thome Grame in Tassisholme, Arche Corry in Beirholm and others. 

Johne Jonstoun of Greinhill and his brother. 

Matho Rodger and other two in Baitok ; James Jonstoun in Croftheid, and 
six persons of various surnames, his tenants. 

Adame Jonstoun of Langwodend and Johne Johnestoun in the Hauch. 

Dawe Johnestoun in Garwaild, his son, and seven tenants and servants. 

James Jonstoun in Heslebray and two brothers ; Ryngen Jonstoun of 
Rowintreknow, and his brother Robein ; William Johnestoun in Tempilland and 
four sons ; Jok Jonstoun in Brvmell, and his brother : Dauid Jonstoun in 
Brigmure and two brothers ; Wille Jonestoun in Todelmure ; Arche Jonstoun in 
Stuntok and two sons. 

Andro Jonstoun, parson of Tonargarthe, and twenty brothers, friends and 
servants. 

Pait Moffet, his son, and Mathe Moffet ; Andro Johnestoun in Cowrenss ; 
Dawe Jonstoun in the Swyre ; Jok Jonstoun of the Hill, and seven others; Jok 
Johnestoun in the Schaw and his brother; John Johnestoun, son to Androis 
Johne; James Johnestoun of Bigartis, and his brother, and their servants; Johne 
Jonstoun in the Burn, his brother and his "eym;" Johne Jonstoun in the Hill and 
his brother ; Joke Johnestoun, Quhyitheidis Joke, and his brother ; Cude Jonstoun 
in Hayhill ; Paite Johnestoun in Auchinslork, his two brothers and another. 



LIST OF THE JOHNSTONE CLAN, 1581-1587. xcix 

Dawe Jonstoun in Milbank, his three brothers, his " eym," and five tenants 
and servants ; Wille Jonstoun, called Pateis Wille, in Milbank, his brother, 
servants, and tenants; Martein Johnestoune and his brother in Myrheid, their 
bairns, brothers, tenants, and servants. 

Johne Johnestoun of Howgill and Johne Jonestoun in Kirkhill, and their 
bairns, brothers, tenants, and servants, and five others. 

Adame Jonstoun in Beirfauldboig, and his brothers, and his and their tenants 
and servants. 

Watt Jonstoun of the Miel, his brothers, and their sons, and their tenants and 
servants ; Eyngen Johnestoun of Castellhill and his man ; Johne Johnestoun in 
Mossyid, and another there ; Christe Chalmer and another ; Habe Jonstoun in 
the Know. 

Johne Harknes in Lokirbe, and his son and his brother ; Thome Carrutheris 
in Lokirbe, and his son ; Thome Carrutheris in Vistwoid and his two brothers; 
Geordie Johnestoun, callit the Chimpt, and his son. 

Mungo Johnestoun in Lokirbe, and eight others, being his sons, men, and 
servants. 

Wat Jonstoun in Corre, his brothers, men, servants, and tenants ; Watt Jon- 
stoun in the Bankis, his father and brother ; Dawe Johnestoun in Kelrigis ; 
Farghe Jonstoun in Mossyid ; Thome Jonstoun in the Bankis, and his son ; Robein 
Jonstoun in Righeidis and his son ; Arche Johnestoun in Righeidis ; Nike Jon- 
stoun in Rayhill, his brother and two sons, and their tenants and servants. 

Johne the Grame in Dunvide and his three sons ; Rob Johnestoun in Midil- 
quarter and his son ; Symont Jonstoun in Corryphan, and his man. 

James the Grame, " layrd of Gillisbe," and forty-four Grames and others. 

Thomas Johnestoun, laird of Corheid ; Thomas Johnestoun in Podein ; James 
Johnestoun of Brekansyid ; Robein Johnestoun in the Newtoun, and James 
Johnestoun in the Capilgill, all conjointly and severally, to answer for themselves, 
their men, tenants, and servants dwelling on their lands and steadings of Corheid, 
Newtoun, Moffett, Podein, Melconmes, Stennerushill, Brekansyid, Murquhat, 
Capilgill, Glencotho, etc., and for Jame Jonstoun in Nethertoun of Crawford-John. 

Robein Moffet in the Altoun, and his tenants there ; James Johnestoun, elder 
in Bromell, and his four sons and a brother's son ; Jok Jonstoun of Mantarig and 
his son ; Johne Johnestoun in Rigfuitis and his three brothers, and other two 
Johnstouns ; Gib Jonstoun of Fareholme and his two sons and three brothers ; 
Watte Jonstoun in the Hilhous. 

Adam Grame in Fentoun, Paite Grame in the Lie, Georde Grame in Walter- 



C SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

heid, Jok the Grame in Bodlandis, Johne Grame in Baitokholm, answer for 
themselves and twenty-four other Grames. 

Gilbert Johnestoune, laird of Wamfray and his tenants of Logane-tenement. 
[He is entered a second time as answerable for his whole tenants and servants 
dwelling on his lands and heritage, except such as had given their particular bands 
and names for themselves.] 

Cuthbert Johnestoun in Lochmaben and his three brothers ; Christe Johnes- 
toun in Bighill and his brother ; Ade Johnestoun in Hilhous and his son ; William 
Jonstoun in Kellobank ; Eduard Jonstoun in Wesland ; James Jonstouu in 
Eoberthill. 

Robert Fransch, " layrd of Franschland," his son and another. 

Thomas Jonstoun in Preistuoidsyid, and other two and their tenants and 
servants. 

Johne Grame of Cannobe and his bairns, tenants, and servants. 

Robert Johnestoun of Brigholme and his tenants and servants ; Arche 
Johnestoun in Molyng and his father. 

Edward Irwing of Boneschaw, William Irving in Kirkynellvod, his son, the 
laird of Wyisbe, Christe Irving in Eklerbek, Christe Irwing of the Stank, and " his 
and thair men, tennentis, and seruandis, duelling on thair landis and steidingis." 

It is indicated by more than one historian that Sir John Johnstone died 
soon after his liberation, and it has been stated that he died of grief on 
account of his incarceration. The historian Calderwood is one of those 
who state that Johnstone died early in the year 1586; but that is 
erroneous. 1 So far from showing grief, the first notice of him in the 
privy council record after he regained his freedom represents him again in 
active hostility to Maxwell, who apparently had been again appointed 
warden on the west marches. 2 It was complained that a party of four 
hundred Johnstones, at the command or instigation of their chief, had 
attacked a party sent out by the warden to apprehend certain delinquent 

1 Calderwood [vol. iv. p. 547] indicates that ruary, Lord Scrope writes to Johnstone as if 
Johnstone was dead in April 15S6. he were still responsible for the Borders, 

appointing a meeting at Gretna Kirk, where 

2 In the Privy Council Record of 23d complaints might be redressed and offenders 
March 1586, Maxwell is described as warden, punished. [Hamilton Papers, vol. ii._ pp. 
but a month earlier, on 5th and 11th Feb- 706-70S.] 



ATTACK ON RICHARD MAXWELL'S TROOP, 1586. ci 

borderers, and had killed a number. Further charges were made of barbarous 
treatment of the slain, killing of prisoners, and despoiling others of " thair 
claythis, armour and purssis, extending in valu abone fyve thousand merkis." 

The captain of the troop, Richard Maxwell, was seriously wounded and 
was taken captive and detained a prisoner in the house of Andrew Johnstone 
of Tundergarth. To that house it was alleged Sir John Johnstone himself 
had come, with his son, and a force of six hundred men, and seized the 
unfortunate captain, threw him across a work-horse, and carried him off to 
the house of Bonshaw. There he was still detained, and the complainants 
averred that Johnstone and his men would not allow him to have a surgeon, 
while they had plundered the one who formerly attended him. Sir 
John Johnstone and others were summoned to appear to answer to these 
accusations, but failed to do so and were declared rebels. 1 

A few months later, John Charteris of Amistield, acting for himself and 
William, Lord Hemes, consented to the liberation of certain persons, applica- 
tion for which was made by Sir John Johnstone. 2 The latter, during the 
months between July and November 1586, was frequently called upon by 
the privy council, along with Lord Maxwell and others, to answer for the 
breaking of " assurances " amongst them. 3 The latest mention of Sir John 
Johnstone in any public record is on 2nd November 1586, and he died, 
according to the evidence of his son's retour as heir to the lands, on 5th 
June 1587, a year later than is usually stated. 4 

Sir John Johnstone married Margaret Scott, daughter of Sir William 
Scott, younger, of Buccleuch, by his wife Grizel, second daughter of John 
Betoun of Crieeh. Grizel was sister of Janet Betoun, who figures in " The 
Lay of the Last Minstrel." After the slaughter of Sir Walter Scott of 



1 Register of Privy Council, vol. iv. pp. 55- 3 Register of Privy Council, vol. iv. pp. 89, 
57. 109, 110. S18. 

2 Consent, dated 8th July 15S6, in Annan- 4 Annandale Peerage, Minutes of Evidence, 
dale Charter-chest. 1S80, p. 975. 




cii SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 

Buccleuch, in a nocturnal encounter with Sir Walter Ker of Cessford, on the 
street of Edinburgh in October 1552, Janet Betoun rode at the head of the 
Scott clan to encourage them to redress her husband's death. Her superior 
abilities induced the superstitious vulgar to believe that she possessed super- 
natural knowledge. The marriage contract between Sir John Johnstone and 
Margaret Scott is quoted in a crown charter, as of date at Newark 7th 
August 1568, but it was apparently post-nuptial, as she is said to be then 
his wife, and their son was born in 1567. 

Margaret Scott, Lady Johnstone, or Lady Johnstone of Dunskellie, as the 
wife of Sir John Johnstone was variously styled, possessed the force of 
character conspicuous in her great border clan of Buccleuch. 1 It was no 
doubt with reference to this and the determined will which she uniformly 
displayed, that Kobert Maxwell, in 1585, at the burning of Loch wood, singled 
her out for the unfeeling taunt, already noticed in this memoir, that he 
would give her light to set her silken hood by. She had a position at court. 
Spottiswoode says that " Lady Johnston gave attendance at court." 2 "When 
she was there, it was through her that the ruling authority for the time 
induced her husband to accept of the provostship of Dumfries in opposition 
to Lord Maxwell. 3 There is further evidence given of her character, two 
years later, in 1586, in an episode in which she figured prominently. In 
November 1585, the banished lords, including Lord Hamilton, the Earl of 
Angus, and others, with the aid of Lord Maxwell, effected a revolution, 
and they were restored to royal favour and again placed at the head 
of affairs. They still continued in power a year afterwards when Margaret 

1 Walter, first Lord Scott of Buccleuch, which was strongly fortified and well gar- 

the nephew of Margaret Scott, Lady John- risoned, and breaking open the prison in 

stone, was the boldest of the bold. It was be which William Armstrong of Kinmont was 

who carried out the greatest of Border exploits, confined and in chains, carried him forthwith 

the rescue of Kinmont Willie, which occa- out of the castle and across the border with- 

sioned so much correspondence between the out the loss of a single life. [The Seotts of 

sovereigns of the two kingdoms, and is cele- Buccleuch, vol. i. pp. 182-200.] 
brated in Border ballads. With only eighty - Spottiswoode's History, vol. ii. p. 325. 

followers he entered the castle of Carlisle, 3 Ibid. 



MARGARET SCOTT, LADY JOHNSTONE. ciii 

Scott, "Lady Johnstone," evidently presuming upon her position and 
influence at court, ventured to impugn them to the king. Her attempt, 
and what it led to, being of some interest may be here narrated. On 
4th October 1586 a commission was granted by the privy council for 
apprehending Margaret Scott, spouse of Sir John Johnstone of Duns- 
kellie, wherever found, and presenting her before the council. She was 
charged with " making of lesingis and telling of thame," which it was said 
"may engenner discord betuix the kingis majestie, his nobilitie and people." 
But Lady Johnstone was not disposed to submit to be tried, and wilfully 
absented herself in order to prevent her husband presenting her to the council 
for that purpose. To secure her apprehension, proclamation was made charg- 
ing the lieges to convocate with their arms when required, and in the event 
of her passing to " houssis or strenthis," they were to " assege the houssis, rais 
fyre, and use all kynd of force and weirlyke ingyne that can be had for 
wynning and recovery thairof." If her ladyship, or any of those assisting 
her, were hurt or slain while being pursued, it was not to be imputed as a 
crime to the agents, and they were to be exempted from trial therefor. A 
month later, or on 4th November, the king emitted a declaration which 
explains the otherwise mysterious charge which gave rise to this prosecution. 
The declaration shews that Lady Johnstone had deputed Gavin Johnstone 
to deliver a letter to his Majesty in which she advertised him that the Earl 
of Angus and the Douglases, suspecting from his dealings with Lord Hamil- 
ton that he designed to introduce dissension among them and so to wreck 
them, resolved to adopt some remedy and to venture all they had therein. 
She craved a meeting with the king, when she would furnish particulars of 
what she stated. She also asked him to keep the matter secret, especially 
from her husband, adding, " The Lord preserve his Majestie frome all his 
oppin fayis and fenzeit friendis." 1 It does not appear that anything further 
was done in the matter. 

1 Register of Privy Council, vol. iv. pp. 108, 111, 112. 



CIV 



SIR JOHN JOHNSTONE, KNIGHT, 1567-1587. 



Margaret Scott, Lady Johnstone, is again mentioned so late as April 1613, 
when Lord Maxwell, having been tried for the murder of her son, Sir James 
Johnstone, and condemned to death, she and her grandson and his mother, 
were applied to by the privy council by direction of the king to ascertain 
if they persisted in holding to their petition to have justice executed upon 
his lordship. They replied that they did insist, as will be more fully 
narrated in the next Memoir. 

Sir John Johnstone and Margaret Scott, Lady Johnstone, had issue one 
son "and three daughters. 

1. James Johnstone, who succeeded his father, and of whom a memoir follows. 

1. Elizabeth, who married Alexander Jardine, younger of Applegirth. 

2. Margaret, who married, before November 1594, James Johnstone of 

Westerhall, and bad issue. 

3. Grisel, who married, first, Sir Robert Maxwell of Orchardton, and, secondly, 

after 1615, Patrick Vans, younger of Barnbarroch, by whom she had issue. 1 

1 Sir John Johnstone had an illegitimate the lands of Brydeholm from his brother 
son, Simon, who in 1604 received a grant of James, and renounced them in 1616. 




cv 
The Third Johnstone Warden. 

XV. — Sir James Johnstone of Johnstone and Dunskellie, Knight. 
The Honourable Sara Maxwell, his "Wife. 

1587-1608. 

CHAPTER FIRST. 

Period of Johnstone history now entered upon — Sir Walter Scott's summary of it — Birth of 
Sir James Johnstone — Made eommendator of Holywood — Succeeds his father, 1587 — 
Marriage with Honourable Sara Maxwell, 1588— King James' visit to Dumfries, 1588 — 
Johnstone made keeper of Lochmaben Castle, 1588 — Attends meeting at Peebles about the 
Borders — Created a knight, 1590 — Bond of amity between Johnstone and Maxwell, 1592. 

From the date at which the Memoir of this Johnstone chief begins, down 
to the year 1613, in the time of the son and successor of Sir James John- 
stone, the period is one of the darkest and most sanguinary in the whole 
history of the Johnstone family. The feud between the two great Border 
families of Maxwell and Johnstone, which began as stated in the immediately 
preceding Memoir, becomes now more fierce, bitter, and tragic, and is to 
be traced in the lurid light of the battlefield, through the dark scenes of 
treachery, assassination, and public execution. Of these two rival families, 
and the events so calamitous to both of them, Sir Walter Scott says that 
during the period now referred to, each of them lost two chieftains : one dying 
of a broken heart, one in the field of battle, one by assassination, and one by 
the sword of the executioner. This statement evidently refers, first, to the 
death of Sir John Johnstone of Johnstone, whose tower of Lochwood was 
burned by the Maxwells in 1585, along with all his jewels and charter muni- 
ments ; second, to the death of John, Lord Maxwell, Earl of Morton, at the 
battle of Diyfesands in 1593 ; third, to the assassination of Sir James John- 
stone of Dunskellie, knight, in 1608 ; and, fourth and last, to the execution of 
John, Lord Maxwell, for that murder in 1613. Sir Walter Scott's statement 
that four chieftains, two on each side, fell as victims in the long-continued 
contest is correct in reference to three of them ; but in regard to the fourth, 

VOL. I, O 



t 



cvi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

Sir John Johnstone, described in the previous Memoir, Sir Walter's statement 
is not quite accurate. The destruction of Lochwood Tower in 1585 was no 
doubt a great loss and annoyance to Sir John. But he did not, as might be 
inferred from the statement of Sir Walter Scott, take to his bed and expire 
of a broken heart. On the contrary, he survived for two years, and it has 
been shown that he was not during that period laid aside by grief, but was 
very active in his position as a great Border chief. 

Before proceeding to narrate the stirring and painful events in the history 
of Sir James Johnstone, it is necessary to explain that this is not the first 
time that the author of the present work has followed the fortunes, or rather 
the fates and misfortunes of the Maxwells and Johnstones through their feuds. 
The late Honourable Marmaduke Constable Maxwell of Terregles, brother of 
the late William, Lord Herries, commissioned the writer to prepare a history 
of the families of Maxwell and Herries, which is embodied in " The Book of 
Carlaverock," printed in the year 1873. While writing that book, the whole 
Maxwell and Herries charter muniments, then preserved in the charter-room 
at Terregles, were made available for the purpose. Not only so, but through 
the kindness and liberality of the late John James Hope Johnstone, Esquire 
of Annandale, ready access was afforded to his Annandale charter-chests at 
Baehills. With the muniments thus placed with such generous confidence at 
the service of the author by the respective representatives of the two rival 
chiefs, he was enabled to prepare the history of them recorded in " The Book 
of Carlaverock," which met the approval at the time of the then representa- 
tives of the houses of Maxwell and Johnstone. 

Since the publication of " The Book of Carlaverock " little has tran- 
spired to alter or affect the story of the feuds as given from the Maxwell 
muniments, and the present Memoir, as far as it refers to the Maxwells, 
may be regarded as a second edition of the chapters in " The Book of 
Carlaverock," in so far as they narrate the tragic results of the feuds. 

About two years after the completion of the Maxwell and Herries 



BIRTH OF SIR JAMES JOHNSTONE, 1567. cvii 

Histories, in the year 1873, an old claim to the Annandale peerages was 
revived by Sir Frederic Johnstone, Baronet, of Westerhall. That claim was 
opposed by the late John James Hope Johnstone, and, after his death, by his 
grandson, John James_ Hope Johnstone, Esquire of Annandale, the present 
proprietor of the estates and representative of the family. These rival claims 
gave rise to extensive investigations, both in the public records and in 
the private family repositories. A large mass of documentary evidence was 
adduced for both the principal claimants, and also for Mr. Edward John- 
stone, a third claimant. The printed evidence extends to upwards of 
twelve hundred folio pages. The printed cases of the several claimants, 
the speeches of eminent counsel, and the judgments of the learned judges, 
extend to several folio volumes. It may thus well be supposed that the 
history of the Johnstones was fully traced so far as regards the peerages 
conferred upon them, and also incidentally in relation to the story of their 
feuds with the Maxwells. 

Since the year 1873, the Eecords of the Great Seal and the Privy 
Council of Scotland have been printed, and are largely referred to in the 
present work. But there is not much that is new in reference to the 
Maxwell and Johnstone feuds. While these Eecords were in manuscript 
they were quoted in the History of the Maxwells. The subject has, there- 
fore, to be treated in the present work, which specially belongs to the 
Johnstones, in the same way as it was formerly dealt with in the special 
History of the Maxwells. 

James Johnstone, the subject of the present memoir, was the only son of 
Sir John Johnstone of Johnstone and Knight of Dunskellie, and his wife 
Dame Margaret Scott, daughter of Sir William Scott, younger of Buccleuch. 
James Johnstone, younger of Johnstone, was born in the year 1567. In his 
retour of service as heir to his father, expede 27th August 1588, he is said 
to be of lawful age. 1 While still a minor, he obtained, through the influence 

1 Annandale Peerage Minutes of Evidence, 1880, p. 975. 



cviii SIR JAMBS JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

of James Douglas, Earl of Morton, a grant from King James of the abbacy 
of Holywood, near Dumfries. It was then vacant through the death of 
Thomas Campbell, the last possessor of it. 1 This young commendator of 
an ancient abbacy was destined before many years to blossom into the com- 
mander of a large army which won victories in the greatest of the Border 
battles. The office of commendator of Holywood remained vested in Sir 
James Johnstone till the year 1 600, when he demitted it in favour of Mr. John 
Johnstone, advocate, who obtained a crown grant on 15th August 1600. 2 

The young chief of Johnstone, soon after his succession, on 5th June 1587, 
to the Johnstone estates, as heir to his father, entered into a marriage con- 
tract at Terregles on 25th December 1587 with the Honourable Sara 
Maxwell, daughter of John Maxwell, Lord Hemes, and Agnes, Lady Herries. 
The contract was made by James Johnstone, with consent of the Earls of 
Angus and Bothwell, and others, as his curators, on the one part, and Dame 
Agnes, Lady Herries, and her sons, on the other part. James Johnstone 
agreed to infeft Sara Maxwell for her lifetime in an annual rent of 600 
merks Scots out of the barony of Johnstone without prejudice of her reason- 
able terce. The other contracting parties agreed to pay to James Johnstone 
6000 merks Scots, and "the sevint thousand merk" at the will and pleasure 
of him and Dame Margaret Scott, his mother, at terms specified. In respect 
of this arrangement James Johnstone and Sara Maxwell renounced all 
" barnis part of geir," pertaining to the latter by the death of her father. 

As Dame Margaret Scott, Lady Johnstone, elder, was possessed of the 
liferent of the whole Johnstone estates, under a charter granted by her late 
husband, with the proviso that it should be null on her son's attaining majority, 
a new contract became necessary. By the new contract James Johnstone, 
now at his perfect age of twenty-one years, bound himself to relieve his mother 

1 Registrum Magni Sigilli, vol. iv. No. 3004, 28th April 15S0 ; Aunandale Peerage 
Minutes of Evidence, 1876, p. 49. 

- Registrum Magni Sigilli, vol. vi. No. 1075. 



CONTRACT WITH DAME MARGARET SCOTT, HIS MOTHER. cix 

from all debts due by her late husband, to maintain sufficiently Margaret 
and Grizel Johnstone, his sisters, to provide husbands for them on his own 
expenses honourably according to their position and his own credit. He 
also became bound to warrant and defend his mother in uplifting the rents 
of her liferent and joint-fee lands, and not to impose any burden upon her 
tenants and servants without her consent. For these causes Dame Margaret 
Scott, from her motherly love to her son, and her earnest desire to see him 
continue in the honourable rank of his father and predecessors, was content, 
in place of the old living and new conquests of the house of Johnstone, to 
accept of the lands of Kirkbrydrig, Henneland, Harthope, and other lands, and 
the leases of the teind-sheaves of the parish of Moffat, and of all lands and 
goods therein, with her own mill built on the lands of Ersehbank, with Dick- 
son's lands in Moffat. She also stipulated that the tenants of Lord Hemes' 
hundred merk land in Moffat parish, as well as those of James Johnstone's 
own lands there, should come to her mill. Her son bound himself to behave 
to his mother with all reverence and obedience, as became a bountiful and 
obedient son to his parent. Provision was also made for payment of the 
terce of Dame Sara Maxwell, his wife, if she survived her husband. 1 

Even in the lifetime of his father this young chief of Johnstone engaged 
in the struggles with John, Lord Maxwell, Earl of Morton, warden and justice 
of the West March, as narrated in the previous memoir. Between 9th April 
1585, when the king revoked his grant of the earldom of Morton to John, 
Lord Maxwell, and 10th December following, when the earldom was restored 
to Maxwell, James Johnstone had received some portion of it from the king. 
He did not, however, long enjoy it, as on the restoration of Maxwell and 
the banished lords to power, and the re-grant of the earldom of Morton to 
Maxwell, an act of parliament was passed which revoked any grant made 
of the earldom, or any part thereof, to this James Johnstone, and others. 2 

1 Original contract, dated 25th January 1590-91, in Annandale Charter-chest. 

2 Acts of the Parliaments of Scotland, vol. iii. p. 389. 



ex SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

The year 1588 was notable in the history of the Scottish Borders. 
It was the year of the Spanish invasion of England by the Armada, and 
John Maxwell, Earl of Morton, who had been in Spain, returned to 
Dumfries with the object of assisting the Spaniards. So much was this 
latter circumstance apprehended that King James, during the months 
of May and June, visited Dumfries to prevent any formidable insurrec- 
tion. Lord Maxwell was taken prisoner by Sir William Stewart, brother 
of the ex-chancellor, James Stewart, Earl of Arran. William Maxwell, Lord 
Herries, brother-in-law of James Johnstone of Johnstone, who was warden of 
the West March, was unable to prevent the imminence of clanger. The 
king, while still in Edinburgh, by proclamation at Holyrood-house, 2 2d 
May, intimated that on account of the dangerous proceedings of certain 
of the West Marches tending to alter religion, he was resolved to go thither 
in person, and warned earls, barons, and others to meet him at Dumfries on 
the 29th of May. On 30th May, the day after he arrived there, he ordered 
by proclamation the castles of Lochmaben, Langholm, Thrieve, and Carlave- 
rock to be delivered to the proper officers. In other proclamations he states 
that he found greater contempt, rebellion, and disobedience than he antici- 
pated in the West March. He here, however, refers mainly to wappinschaw- 
ings, meetings, and musterings at Lochmaben, and brewing ale and carrying 
the same to Lochmaben for the camp there. Lochmaben was the only place 
that stood out for Lord Maxwell. It yielded on the 9th of June, when 
David Maxwell, the captain, and five others, were hanged for resistance. 
The king left Dumfries in the end of June, promising to return in October. 1 
This second visit did not take place, but towards the end of that month, as a 
reward of the loyalty and services of James Johnstone during these troubles, 
King James appointed him to keep the castle and fortalice of Lochmaben to 
the king's use and behoof, and not to remove himself nor his servants from it 
" vnto the tyme he ressaue expres command thairto out of our awin mouth, not- 

1 Register of the Privy Council, vol. iv. pp. 285, 292. 



BONDS OF ASSURANCE, 1588. Cxi 

withstanding quhatsunieuer our charges direct or to be direct in the contrarie." 1 
He also shortly after leaving Dumfries appointed him one of a numerous 
commission to execute the laws against Jesuits and seminary priests. 2 

The common practice of giving mutual bonds of assurance on the part of 
one chief or landlord to another for the good behaviour of their respective 
friends, tenants, and dependants is frequently illustrated in the life of this 
chief. He both received such assurances, and also gave them to others. 3 
On the same day on which he was retoured heir to his father, 27th August 
1588, we find such an assurance made to him by James Douglas of Drum- 
lanrig, evidently in return for one from him, and one of the first of several 
which passed between them. It is dated at the Ross. 4 

In the year 1589, apparently through some mistake of the legal autho- 
rities, Sir James Johnstone was charged along with Alexander Jardine, 
younger of Apilgirth, as being art and part in the slaughter of Alexander 
Baillie of Littlegill and Eachel Baillie, his daughter, and also of other two 
persons connected with them, as well as burning the place of Littlegill and 
the Moit. These crimes were committed in the months of February and July 
previous. James Johnstone of Westraw was also suspected and accused of 
complicity in the murder. The process against Sir James was deserted, it 
appears, because the authorities felt that they were accusing a person totally 
innocent. The laird of Westraw fled to Sir James Johnstone for concealment 

1 Letter, dated at Barlie, 22d October auts in feuds with his neighbours, and espe- 
1588, vol. ii. of this work, p. 12. cially with the Maxwells. With a view to 

o n>rj.i t i -iiroo t> • i c ii t> • prevent and also to remove these, assurances 

2 27th July 15S8, Register of the Privy * . , . , 

.-, ., , . „„„ , T , were given and received from time to time. 

Council, vol. lv. p. 302. James Johnstone „,,,?.,,.,,, 

, , ... „., The Register of the Privy Council for this 

was placed upon a similar commission on 0th . ° J 

March 1589-90 [ibid. p. 4651. 1>erl ° d 1S n0W pnnted ' and lk bristles with 

numerous references to these assurances, 

3 During the twenty-one years James pledges, and submissions of feuds to neutral 
Johnstone owned the Johnstone estate and persons. To describe these in every case 
flourished as a Border chief of considerable would recp-iire more space than can be given, 
importance, he was often involved either Only where necessary will this be done, 
directly or through his friends and depend- 4 Pp. 53, 54 of this volume. 



cxii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

and safety in connection with that murder, and ultimately Sir James blamed 
Westraw for the trouble which he had caused. The real criminals were 
afterwards discovered, being Thomas Jardine of Birnok and Humphrey his 
son, who were condemned to death for that and other crimes, and executed 
at the cross of Edinburgh so late as 1609. 1 

For the purpose of marrying the Princess Anna of Denmark, King James 
set sail for Denmark on 22d October 1589. The marriage took place at 
Upsal on the 23d November, and during the royal honeymoon and holidays 
the king enjoyed himself to his bent, and wrote to one of his favourites in 
Scotland from the castle of Croneburg " where we are drinking and dryving 
our in the auld manner." He returned to Edinburgh on 1st May 1590. 
During the king's absence, Lord John Hamilton, afterwards Marquis of 
Hamilton, was appointed lord lieutenant in the South of Scotland, including 
the Marches. His lordship, in pursuance of a design to hold a meeting at 
Peebles with the Maxwells, Johnstones, and other Border lairds, wrote to 
Johnstone to attend a meeting upon the 30th of November at Peebles, and 
give .his good advice regarding the keeping of the peace, repressing of 
offenders, and generally concerning the common quietness of the realm. 
His lordship further desired Johustone to cause a couple of the principals 
of every branch of his servants and dependers that were in use of pledging 
or giving security to be likewise in Peebles on that day that he might 
understand the names of the pledges, where they lay, and who would inter- 
change them. He added a list of branches, including Jok of Kirkhill 
and Jok of the Howgill, the Eeid Laird's son, Edward Irving of Bonschaw, 
the Johnstones of Lockerbie and others. 2 At the meeting Lord Hamilton 
inquired about the principal troubles and disorders of the Borders. Lord 
Maxwell, who was present, replied that he knew of none in the West 
March since the king's departure except the reset of the laird of Wester- 
hall. Maxwell also complained that Johnstone, without commission, held 

1 Pitcaim's Criminal Trials, vol. ii. p. 491 ; vol. iii. pp. 54, 58. 2 Vol. ii. of this wort, p. 20. 



HIS COMMISSION TO HOLD BAILIARY COURTS ANNULLED. CXlll 

courts of justiciary within the stewartry of Annandale. This complaint 
was taken up by James Johnstone and Andrew Johnstone of Mungobank, 
who complained to the council that Lord Maxwell, on the strength of a 
letter of charge in his favour by the king, dated 29th September last, had 
prohibited them from intruding into his offices, by holding courts, etc. 
They alleged that the letter in question was directed against certain persons, 
and that their names were not in the body of the deed, but were added on 
the margin. Johnstone also explained that he only kept such courts as the 
king by his commission of 8th April 1588 commanded him to keep upon 
his own lands and bailiary. The lords, however, declared the commission of 
Johnstone to be null. It will be seen that the king soon renewed the 
commission to Johnstone of which the lords now deprived him. 1 

In the midst of the constant troubles and misunderstandings between 
the Maxwells and Johnstones attempts were occasionally made to settle all 
questions between them. Apparently through the intervention of mutual 
friends, a formal submission was entered into at Dumfries and Lochwood on 
12th and 13th March 1589-90, between Maxwell and Johnstone, by which 
they agreed to submit their quarrels to Sir Eobert Maxwell of Spotts and 
other arbiters for Lord Maxwell, and Eobert Johnstone, parson of Loch- 
maben, and others for Johnstone. The arbiters were appointed to meet at 
Shiellhill House on the 17th instant, and to give their decision by the 25th 
with assurance against molestation on either side till that date. 2 

The only document which has been discovered in connection with this 
well-meant treaty of peace is the claim made by Johnstone against Maxwell 
for the burning of Lochwood and other spoliations. The claim is very 
distinct in its statement of the destructive raids referred to, and of the 
consequent losses. Johnstone concludes by claiming 100,000 merks as 
reparation. But no other step was taken in the submission. 3 

1 Register of the Privy Council, vol. iv. pp. 442, 443, S26. 2 Original Submission 

in Annandale Charter-chest. 3 Claim, Charters of this work, pp. 44, 45. 

VOL. I. P 



cxiv SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

The marriage festivities of King James and Queen Anna celebrated in 
Denmark were resumed at Holyrood in connection with the coronation of 
the Queen on 17th May 1590. In honour of the event a number of 
knights were made by the king. Among these was Sir James Johnstone 
of Johnstone and Dunskellie, knight. At the same time, or within a few 
weeks after, the king renewed the grant of justiciary in favour of Sir James, 
which had been disallowed by the privy council. The grant bears date at 
Holyrood House, 10th June 1590: and it makes Sir James Johnstone of 
Dunskellie, knight, justiciary and bailie, with power to hold courts of jus- 
ticiary and bailiary in the bounds of Annandale and Nithsdale over all 
persons of the surname of Johnstone, their kin and tenants, on all lands 
belonging to Sir James, and expressly freeing them from appearing in any 
of the courts of the steward of Annandale, by reason of the deadly feud 
existing between the steward and Sir James. 1 

The abortive attempt in 1590 to reconcile Maxwell and Johnstone did 
not improve matters between the rivals, and in May of the following year 
Sir James Johnstone had to invoke the aid of the civil power in order to 
avert war between the two combatants. He represented to the privy council 
that, notwithstanding an assurance between him and Maxwell, the latter had 
obtained commissions and letters of caption against Johnstone's friends for 
apprehending them, and for raising fire, etc. Johnstone represented that such 
commissions should not be intrusted to Maxwell in respect of the feud be- 
tween them, and added that if Maxwell invaded him in his bounds, he would 
arm himself and his friends for their own defence. This representation pro- 
duced the desired effect, as the commissions and captions were suspended. 2 

A year later still another treaty of peace was made between Maxwell 
and Johnstone. It is dated 5th April 1592. In it Sir James is styled the 
noble lord's " dear cousing and affine," the two parties and their friends agree 

1 10th June 1590, Charters of this work, pp. 55, 56. 

2 21st May 1591, Register of the Privy Council, vol. iv. p. 623. 



BOND OF AMITY WITH LORD MAXWELL, 1592. CXV 

for the fear of God, obedience to the king, and their consanguinity and 
neighbourhood, to remit to each other all rancour and feud, and to live 
henceforth in firm friendship. Maxwell also agrees to appoint two steward- 
deputes of the stewartry at the nomination of Johnstone to take cognisance 
of all matters concerning Sir James or his party; and questions arising 
about the contract are to be submitted to arbitration. 1 The remission of the 
mutual rancour promised in this contract did not last long. In the follow- 
ing year, indeed, the renewal of the feuds culminated in a pitched battle 
between the two families of Maxwell and Johnstone, in which the former 
was killed and his rival became the victor at Dryfesands. 

CHAPTER SECOND. 

Johnstone said to have encouraged Bothwell — He breaks ward from Edinburgh Castle — 
Procession of bloody shirts by the women of Sanquhar — The battle of Dryfesands — 
Slaughter of Maxwell, 1593 — Letters of Respite to Johnstone — Quarrel with Drumlan- 
rig — Act against Sir James — Warded in Dumbarton and Doune — Report of Angus on 
the Johnstones — The King's measures to terminate the feud, 1600. 

Francis Stewart, Earl of Bothwell, made one of his unsuccessful attempts 
to seize on the king at the palace of Falkland on 28th June 1592. He 
besieged the tower with three hundred persons from two till seven o'clock 
in the morning, but he was beaten off and fled. To this attempt Spottis- 
woode says he had been encouraged by the Earls of Angus and Errol, the 
Master of Gray, Colonel Stewart, and the Lairds of Johnstone and Balwearie. 2 
The king immediately returned to Edinburgh and thence issued a proclama- 
tion for the inhabitants of the neighbouring shires to convene at Dumfries on 
7th July, mentioning that a number of thieves, both English and Scotch, had 
been brought in to harry his peaceable subjects, and were now returned to 
the bounds of the West March. 3 King James himself hastened on a short 

1 Bond of Amity in Annandale Charter- came with Bothwell was not great, and did 
chest. not exceed six score in all." 

2 Spottisvvoode's History, vol. ii. pp. 421, 3 Register of the Privy Council, vol. iv. 
422. Spottiswoode says, " The company that pp. 762, 767, 769. 



cxvi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

visit to Dumfries, and while there made several changes. One of these was 
the appointment of John, Earl of Morton, Lord Maxwell, to be warden and 
justice of the West March, the office being demitted by Sir John Carmichael 
of that ilk, who was made captain of the king's guard. It was on the 11th 
July that these changes were made. On the following day, also at Dumfries, 
Sir James Johnstone became caution for Mungo Johnstone of Lockarbie, 
John Johnstone of Craigoburne, and two others, in two thousand merks each, 
to enter into ward in St. Andrews within six days and until the king's will 
was declared regarding their confessed reset and intercommirning with 
Francis Stewart, Earl of Bothwell, and his accomplices. 

Meanwhile the king's mind had already been declared regarding those for 
whom Sir James thus pledged himself : Two days previous to the date of 
his becoming caution for them, their escheats were forfeited for their com- 
plicity with Bothwell. The mother of Sir James was one of the beneficiaries 
by the forfeiture. On 10th July 1592, Sir Bobert MelvilL as treasurer to 
the king, made an assignation of the escheat of James Johnstone of Loch- 
house, Mungo Johnstone of Lockarbie, John Johnstone of Craighopburne, 
and forty-five others, Johnstones, Grahams, Moffats, and Irvings forfeited, as 
explained, to Dame Margaret Scott, Lady Johnstone, as his factor to uplift 
the same, the one half to the king's and his treasurer's use, and the other 
half to her own use. 1 

While Sir James Johnstone was becoming cautioner for several persons of 
the name of Johnstone, as above related, Bobert Douglas of Cashogill was 
taking steps to be released as cautioner for Sir James. As the result of a 
petition from him, the privy council ordered the clerk keeper of the Begister 
Books concerning the Borders to delete the Act where Douglas became 
cautioner for Johnstone that he would make his men and tenants answerable 
to justice. 2 It does not appear from this order why Douglas desired to 

1 Original Assignation in Annandale Charter-chest. 

2 Extract Act, dated at Dumfries 12th July 1592, ibid. 



AGREEMENT WITH LORD MAXWELL, 1592-3. cxvii 

be relieved as cautioner for Sir James. But an entry in the Privy Council 
Eegister supplies what is probably the explanation. On 11th August 1591, 
Douglas complained to the council that he had been illegally charged with 
certain payments, as surety for Sir James Johnstone, in respect of a 
considerable number of sheep, each valued at 26s. 8d., stolen by Johnstones 
and others whom he alleged were not Sir James's men nor tenants. The 
council decided against Douglas, and hence his present action. 1 

After the formal deed of concord which they entered into in the year 
1592, mentioned in the previous chapter, Sir James Johnstone and John 
Lord Maxwell continued in outward appearance on friendly relations for a 
brief period. They entered into a new contract in the following spring 
whereby either bound himself not to traffic or agree with Sir James Douglas 
of Drumlanrig, without the consent of the other ; and in case either party 
should have an action at law against Douglas, the other contracting party 
engaged to assist against him. 2 

Only nine days after the date of this new treaty of amity with Maxwell, 
Johnstone was summoned to attend a meeting of the king and the privy 
council anent quietness and good rule on the Borders. For some reason not 
stated Sir James did not appear and he was denounced rebel. 3 He was at 
Loch wood on 2 2d April when he granted the liferent of Polmoody to his 
spouse, Lady Sara Maxwell, for the affection which he had for her, and for 
money paid to him with her by her mother, Lady Agnes Hemes. 4 But 
shortly afterwards, Johnstone was warded in Edinburgh Castle, probably 
owing to his not appearing before the king and council on the 22d of March, 
for we learn that on 3d May James Twedy of Drummelzier became caution 
for him that he would answer for all attempts by him and those for 

1 Register of the Privy Council, vol. iv. 3 22d March 1592-3 ; Register of the 
pp. 806, 807. Privy Council, vol. v. p. 55. 

2 13th March 1592-3, Charters of this work, * Original Charter in Annandale Charter- 
pp. 58, 59. chest. 



CXviii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

whom he was responsible under the general band till the 22d, when he 
should re-enter before the king and council. 1 

After remaining in Edinburgh Castle for some time, Sir James Johnstone 
broke his ward on 4th June 1593. Birrell in his Diary under that date says, 
" The laird of Jonestoune brak ward out of the castell of Edinburghe." 2 The 
offence of breaking his ward could not be passed over, and Sir James was by 
the privy council denounced rebel for not appearing at Holyrood on 21st 
June to answer for this offence, and for other things which should have been 
laid to his charge. 3 

The Johnstones of Wamphray were reported to be a very turbulent gang. 
William Johnstone of Wamphray headed a party of the Johnstones in a pre- 
datory incursion to the lands of Lord Crichton of Sanquhar. Johnstone of 
Wamphray having been taken, was summarily hanged by the Crichtons. The 
Johnstones, choosing another leader and increasing their invading force, re- 
newed the attack upon the Crichtons, killing the tenantry, devastating their 
lands, carrying away their property, and acting in a cruel manner. This 
Border foray was chosen by Sir Walter Scott to form the theme of his 
metrical legend of the Borders, entitled " The Lads of Wamphray." 4 Appeals 
were made by the injured Crichtons to Lord Maxwell, warden of the West 
March ; and also to the king and the privy council. Poor women were 
deputed to travel to Edinburgh, and there, with fifteen bloodj r shirts which 
had belonged to the slain husbands, sons, brothers, and other relatives, to 
crave of the king and council legal retribution upon the Johnstones. 
Meeting with an unfavourable reception from the authorities, they appealed 
to the people. On the 23d of July 1593 the women marched in procession 
through the streets of Edinburgh with the bloody shirts carried by "pyoners" 



1 3d May 1593 ; Register of the Privy Council, vol. v. p. 733. 

2 Pitcairn's Criminal Trials, vol. i. p. 359. 

3 Register of the Privy Council, vol. v. p. 87. 

4 The Book of Carlaverock, vol. i. p. 288; Minstrelsy of the Scottish Border, vol. i. p. 308. 



PROCESSION OF BLOODY SHIRTS BY THE WOMEN OF SANQUHAR. cxix 

in front of them. This spectacle evoked from the crowd both indignation 
at the apathy of the king and council, and demands for vengeance. The 
feeling thus excited constrained the government to take some action. 
Calderwood states that " the king was nothing moved but against the toun 
of Edinburgh and the ministrie," and he adds that the court alleged they 
had procured that spectacle in contempt of the king. 1 

Bloody shirts had on former occasions been displayed to excite pity for 
victims and their surviving relatives. When the Earl of Huntly in 1591-2 
murdered his rival the Earl of Moray, in revenge for the old injuries inflicted 
by the Kegent Moray on the house of Gordon, the outcry against Huntly was 
universal. Lord Forbes, a friend of Moray, carried his bloody shirt on a 
spear-head for the purpose of inciting to revenge. 2 In the previous century, 
on the death of King James the Third in 1488, a number of the nobility 
were banded to avenge his death. Lord Forbes marched through the 
country with the king's bloody shirt displayed upon the end of a spear, and 
that ghastly banner excited multitudes to join the insurrection against King- 
James the Fourth. 3 The spectacle, like the robe of Caesar, aroused more 
intense feeling than any power of eloquence could do. 4 

So soon as legal sanction was obtained to proceed against the Johnstones 
preparations on an elaborate scale, which extended to the beginning of De- 
cember, were made to give effect to it on the one hand, and also on the part 
of the Johnstones to defend themselves on the other. The parties who 
rauged themselves on each side, the measures which they adopted, and the 
triumph of the Johnstones, will appear in what follows. 

John Lord Maxwell, as warden, received from the king a commission 
against the Johnstones for their depredations and slaughters. The whole of 

1 Calderwood's History, vol. v. p. 256. bloody shirt of King James the Third was 

2 Tytler's History, vol. vii. pp. 179, 180. Alexander, the fourth lord. The Lord Forbes 

3 Ibid. vol. iii. p. 452. who exhibited the bloody shirt of the Earl of 

4 Pinkerton, vol. ii. p. 8. The Lord Forbes Moray a century later appears to have been 
who is here mentioned as the bearer of the William, the seventh lord. 



CXX SIR JAMES JOHNSTONE OP JOHNSTONE, KNIGHT, 1587-1608. 

Nithsdale rallied to the support of Maxwell. The landlords, and others 
who had suffered, fearing remissness in executing his commission on account 
of the bonds of amity between him and Johnstone, agreed to assist Lord 
Maxwell in all his quarrels provided he would engage to deal out merited 
punishment to the guilty Johnstones. Sir James Douglas of Drumlanrig, 
Eobert Maxwell of Castlemilk, the brother of Lord Maxwell, and Thomas 
Kirkpatrick of Closeburn entered into a bond engaging to assist John, Lord 
Maxwell, warden of the West Marches, in terms of the royal commission, to 
apprehend Sir James Johnstone of Dunskellie, his Majesty's rebel, for divers 
odious crimes and for reset of the murderers of the men of Sanquhar and 
sundry other fugitives in his house of Lochwood. 1 It does not appear that 
Sir James Johnstone had personally taken any part in the raid on 
Sanquhar, but as chief of his clan and as a landlord, he was responsible in 
law for the defaults of his tenants and vassals. It was in this way, and also 
for the reasons alleged in the bond just quoted, that the king's commission 
to Maxwell was directed against him. 

While the preparations which have been described were being zealously 
prosecuted to secure the apprehension of Johnstone, a task which it was, 
foreseen would not be an easy one, Sir James was no less active in devising 
means for his own safety. Evidently with a view to strengthen his position, 
he opened communications with Francis, Earl of Bothwell, who had con- 
siderable power and popularity at this time. To him he undertook, upon 
his faith, honour, and truth, to support whatever he should promise to the 
Queen of England concerning the forthsetting of religion, the surety of the 
king, and the preservation of the amity with England. 2 There is no evidence 
that Johnstone received any support from Bothwell. From his maternal 
kindred, the Scotts of Buccleuch in Eskdale and Teviotdale, he received 500 
men, under the conduct of Sir Gideon Murray of Elibank, in place of the 

1 Original bond, dated Blackwodheid, 23d October 1593, in Annandale Charter-chest. 

2 Lochwood, 12th November 1593; Thorpe's Calendar of State Papers, Scotland, vol.ii. p. 639. 



DISCOVERY OP LORD MAXWELL S PLANS. CXX1 

laird of Buccleuch, who was then abroad. He was also supported by the 
Elliots of Liddesdale, the Grahames of the debateable land, and by other 
Border tribes. 

In making his preparations, Sir James Johnstone had the good fortune 
to discover the plans of Maxwell. The bond of agreement, already noticed, 
between Sir James Douglas, Bobert Maxwell, and Thomas Kirkpatrick, in his 
favour, being carelessly kept, fell into the hands of a Johnstone of Cummer- 
trees, a servant of Lord Maxwell, and was divulged to Johnstone, who in 
this way became aware of the combinations and intentions of his enemies. 1 

About the middle of November, when preparations for the final struggle 
were well advanced on both sides, an incident occurred which brings out the 
vigilance of the opposing parties and the desire on the part of Maxwell and 
his confederates to take advantage of every thing to make the position of 
Johnstone as difficult as possible. On 31st January of this year, Sir James 
Johnstone had subscribed an assurance guaranteeing Thomas Kirkpatrick 
of Closeburn and Boger Kirkpatrick of Clinstoun from injury till 11th 
November 1594. On that occasion Alexander Johnstone of Gubhill had 
become surety for Sir James to that effect in 10,000 merks. The assurance 
had not been registered, and Thomas and Boger Kirkpatrick were now the 
sworn enemies of Sir James Johnstone and at war with him. In these 
circumstances Sir James refused to consent to the registration of the 
assurance that execution might follow. The privy council before whom the 
Kirkpatricks complained ordered the registration of the assurance. 2 

Shortly after this Lord Maxwell summoned Sir James to surrender in the 
king's name and submit himself to trial. But the summons was treated with 

1 Spottiswoode's History, vol. ii. pp. 445, that it salbe and is alreddy the braking of the 

446. Referring to this bond in the following Borderis to the grit wraik of all trew men and 

year, Sir James Johnstone says: " Noeth- innocent pepill in thir pertis." [30th June 

theles, it is noeht vnknawin how he maid one 1594, Charters of this Work, p. 61.] 

vther priuat band for the wraik of me and my 2 Register of the Privy Council, vol. v. 

freindis, and throw thir occasiounis it is thocht p. 106. 

VOL. I. Q 



cxxii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

contempt. As warden of the Marches Maxwell called out his forces, 
numbering in foot and horse about 1500 men, while Johnstone with his own 
followers and the Scotts and others numbered about 800 men. 1 

On or about the 5th of December 1593 Lord Maxwell marched with his 
forces from Dumfries into Annandale. He sent out a reconnoitring party 
under the command of Captain Oliphant, who came upon the Johnstones 
near Lochmaben. The Maxwell party was suddenly attacked and over- 
powered. Several of the Maxwells were slain, including Captain Oliphant. 
Others sought shelter in the parish church. But apparently on the principle 
of self-preservation, and that all is fair in war, the Johnstones set lire to 
the church and compelled them to surrender. For that sacrilege the king 
granted a remission to Johnstones some years afterwards. 

With the main body of his army, however, Lord Maxwell pushed on. 
Having crossed the Lochmaben hills he encamped during the night of the 
6th of December on the heights of Skipmire. On the forenoon of the follow- 
ing day he crossed the river Annan and found himself face to face with the 
Johnstones, who were encamped on elevated ground which sloped gradually 
to the south, and which now forms a portion of the glebe land of the parish 
minister of Dryfesdale. Sir James Johnstone, by his military skill, selected 
a position so disadvantageous to Lord Maxwell that the latter could never 
bring into action more than one half of his force at a time. 

Over-confident in his superior numbers, Lord Maxwell did not keep him- 
self sufficiently watchful of the movements of Johnstone's army. Maxwell's 
forces having been thrown into disorder through crossing the river Annan, 
the advanced part of his army found themselves in a position in which they 
had no alternative but to fight or make a disastrous retreat. To force a 
conflict Johnstone " sent forth some prickers to ride and make provocation," 

1 Manuscript Accountin Advocates' Library, the year 1630; and Chambers's Domestic 
supposed to have been written by Robert Annals, vol. i. p. 252. 
Johnston, the historian, who died about 



BATTLE OF DRYFESANDS BETWEEN MAXWELLS AND JOHNSTONES. CXXU1 

challenging to the conflict, and shouting the Johnstones' war-cry, "Eeady, 
aye ready ! " Maxwell, exasperated, sent forth a strong detachment of his 
men crying, ." Wardlaw ! Wardlaw ! Wardlaw ! I bide ye fair, Wardlaw ! " 
which was the slogan of the Maxwells. This detachment was suddenly 
attacked on all sides by a larger body of Johnstones, who had also the 
advantage of a more favourable position. The Maxwells broke up and fell 
back on the main body, which was thus thrown into confusion. The John- 
stones, seizing their opportunity, rushed down with their whole force upon 
their disorganised enemies, who, panic-stricken, fled in confusion, most of 
them falling back upon and recrossing the river Annan. 1 Thus ended the 
short but sharp battle of Dryfesands, which was so disastrous to the 
Maxwells and so victorious to the Johnstones for the time. 

One of the traditions connected with this battle is that some days before it 
took place Lord Maxwell promised a reward of a ten pound land, that is, land 
valued at that amount for taxation purposes, to the person who should bring 
him the head or hand of Sir James Johnstone. The latter retaliating said that 
while he had not a ten pound land to give, he would bestow a farm of the half 
of that value upon the man who should bring him the head or the hand of 
Lord Maxwell. Spottiswoode, the only writer of the time who gives details 
of Lord Maxwell's death, says, " The Lord Maxwell, a tall man and heavy 
in armour, was in the chase overtaken and stricken from his horse." The 
tradition on the subject is that Lord Maxwell was pursued and overtaken by 
William Johnstone of Kirkhill, who on coming up to him struck him off his 
horse, and disregarding his prayer for mercy, which he alleged in similar 
circumstances he had given to the Johnstone chief, cut off his hand, and put 
him to death. 2 Another tradition is to the effect that William Johnstone 

1 A considerable number of the fugitives 2 Sir Walter Scott states that the above 

fled to Lockerbie. These were wounded to account was derived from the daughters of 

such an extent that the phrase, "A Lockerbie William Johnstone of Kirkhill, who received 

lick," applied to them at the time, afterwards it from their father, 
became a proverbial one. 



cxxiv SIR JAMES JOHNSTONE OP JOHNSTONE, KNIGHT, 1587-1608. 

of Kirkhill cut off the hand of Maxwell and left him mutilated but alive, and 
that shortly afterwards the wife of James Johnstone of Kirkton, coming out 
of Kirkton Tower with a few female attendants to search for her husband, 
and afford relief to the wounded on the field, discovered Maxwell and 
despatched him by striking him repeatedly on the head with the keys of the 
Tower, which hung at her girdle. The probability is in favour of the first of 
the two traditions. But the almost contemporary account of Johnston, the 
historian, states that Lord Maxwell was slain by the laird of Johnstone's 
own hand. The manuscript, however, is interlined with the following words — 
" or, as is alleged, by Mr. Gideon Murray, being servitor to Scott of Buccleuch." 
The manuscript adds, " Never ane of his awn folks remained with him (only 
twenty of his own houshold), but all fled through the water; five of the 
said lord's company were slain, and his head and right arm were taken with 
them to the Lochwood, and affixed on the wall thereof. The bruit ran that 
the said Lord Maxwell was treacherously deserted by his own company." * 
No particular parties are named as guilty of the treachery, but in a ballad 
usually styled Lord Maxwell's " Gude Night," the lairds of Drumlanrig, 
Closeburn, and Lag are directly charged with the desertion. That ballad pro- 
fesses to have been written by or for Lord Maxwell when he was to fly 
for safety abroad after his murder of Sir James Johnstone in 1608. But 
although the poetry is plaintive it is lacking in historical truth. All the tradi- 
tions relating to the circumstances of the death of Lord Maxwell beyond the 
accounts of Spottiswoode and Robert Johnston require confirmation. The 
death of John, eighth Lord Maxwell, Earl of Morton, was lamented by not a 
few. Spottiswoode describes him as " a nobleman of great spirit, humane, 
courteous, and more learned than noblemen commonly are ; but aspiring and 
ambitious of rule." He adds, " His fall was pitied of many for that he was 



1 Printed from Robert Johnston's Manuscript History, Advocates' Library, in Chambers's 
Domestic Annals, vol. i. p. 252. 



LORD MAXWELL S THORN AT DRYFESANDS. CXXV 

not known to have done much wrong in his time, and was rather hurtful to 

himself than others." 1 

During the month of August 1883 the author of the present work made 

extensive investigations in Annandale. Among the places visited then was 

the hattlefield of Dryfesands. The old churchyard of Dryfesdale is on the 

banks of the river Dryfe. There is a couplet attributed to Thomas the 

Ehymer which says — 

" Let picks and spades do what they may, 
The Dryfe will wash the kirk away." * 

In fulfilment of the prophecy a former church was actually washed away 
when the Dryfe was in flood. About a mile lower down the river on the 
holm, the spot is pointed out where Lord Maxwell was killed by the 
Johnstones in the battle of Dryfeholm or Dryfesands. Old inhabitants of 
Dryfesdale and Lockerbie at the time referred to remembered having seen 
the original "Maxwell Thorns." As the water of the Dryfe threatened 
to wash them away, as well as the church, which it afterwards did, a sprout 
was preserved and planted further from the river in a field close to a clump 
of seven trees, where it was enclosed for its protection. A pole on the 
roadside leading to it, with a large wood board affixed to it, had in black 
letters upon a white-painted ground a notice indicating to strangers the 
proximity of Maxwell's Thorn. In the Book of Carlaverock, a note states 
that " two large thorn trees, called Maxwell's Thorns, long marked the place 
where Lord Maxwell was slain; and that about half a century ago they 
were swept away when the waters of the Dryfe were greatly swollen." 2 
In the Statistical Account of 1793 the minister of the parish states that 
these two very aged thorn trees with a tumulus at the base were then known 
as "Maxwell's Thorns." This description of the thorns given in 1793 shows 
that the trees were then in full vigour. If they had been planted soon after 
the battle in 1593, they had flourished and grown into trees during two 

1 Spottiswoode's History, vol. ii. pp. 446, 447. 2 Book of Carlaverock, vol. i. p. 292, note 2. 



cxxvi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

hundred years. In the New Statistical Account of Dryfesdale, published in the 
year 1845, the statement of the existence of the very ancient thorn trees with 
the tumulus at their base, called " Maxwell's Thorns," is repeated almost in the 
same words as in the Old Account. Dryfeholin fields are covered with 
thorns as if indigenous to the soil, and are used for hedge fences for the fields. 
Large thorn trees grow at intervals in the ordinary thorn-hedge fences. 1 

This conflict, which happened on the 6th of December 1593, is usually 
called the battle of Dryfesands, from its occurrence upon the sands 
bearing that 'name, formed by the floods of the river Dryfe as it falls into 
the Annan. The slaughter which took place in the battle has been 
exaggerated, it being asserted that as many as seven hundred were slain. 
On the contrary, very few appear to have fallen. Calderwood says that 
twenty of the Maxwells were slain and the rest put to flight. 2 Eobert 
Johnston in his History records that only five of Maxwell's company were 
slain in the battle. But the official records shew that the conflict, though 
not involving so great a loss as some modern writers represent, was yet of a 
more serious character than that stated by Eobert Johnston in his History. 3 

Tidings of the battle of Dryfesands having been carried to Edinburgh, 

the king convoked his privy council on the 22d of December that they might 

1 Besides the present large thorn tree at former tenant of Springfield was allowed £20 
Applegirth in memory of Bell of Albie, who to allow this thorn to grow in the field, as it 
was engaged iu the battle against the Max- is distant from the thorn hedge. Thorns and 
wells, there was formerly another tree of even thorn hedges abound in this parish as well as 
larger size, which was blown or taken down. in Dryfesdale, and form natural memorials 
The wood of it was formed into a cabinet for when specially designated. 
a collection of shells by the late Sir William 2 MacDowall's History of Dumfries, p. 
Jardine. The wood of that thorn tree as 322; Sir Walter Scott's Tales of a Grand- 
shown in this cabinet was white in colour, father at date ; Calderwood's History, vol. v. 
and of a very fine close grain similar to that p. 290. 

of boxwood, used by engravers in wood. The 3 In the Book of Carlaveroek (vol. i. pp. 

other Albie thorn tree stands south-east from 294, 295) it is stated that Lord Maxwell was 

the church of Applegirth in a field on the farm interred in the College of Lincluden, on 30th 

of Springfield. It is about twenty feet in December 1593, without a monument to 

height and is much decayed in the trunk from mark his grave. This statement was made 

the ground and for about five feet upwards. A upon the authority of a letter of invitation 



PROCEEDINGS AGAINST SIR JAMES JOHNSTONE, 1593. cxxvii 

consider the troubled state of the Borders, especially in the West March, 
and the treasonable rebellion of Sir James Johnstone of Dunskellie, knight, 
and his accomplices. The council in their Eegister under that date state 
the case against Sir James, and among other averments assert that on the 
6th instant, with an armed convocation of the king's lieges, and English- 
men treasonably brought into the realm, he "umbesett, invadit, persewit, 
and maist cruellie and outragiously slew" the warden, several gentlemen 
of his name, and other obedient subjects of the king. He likewise drowned, 
hurt, lamed, dismembered, and took a great number of prisoners, reft and 
spoiled them of their horses, armour, purses, money, and other goods, and 
still continued in his " rage and crueltie, heirship and waisting of the countre, 
in proude contempt of his Hienes authoritie and lawes." 

The king resolved to proceed with a force to the West March on 15th 
February ; and until then the council appointed a commission, consisting of 
William, Lord Herries, and nine other influential gentlemen connected with 
the shire of Dumfries, to repair to that burgh for the comfort of the good 
subjects and resisting or pursuit of the rebellious or disobedient ; and to 

to his lordship's funeral, and also from the should be buried in their accustomed burial- 
tradition in the Maxwell family. In the places within twenty days. From this order, 
funeral letter, Willi am Maxwell, Lord Herries, it may be inferred that Lord Maxwell's body 
writes to Sir John Maxwell of Pollok on 11th was either not interred on 30th December 
December 1593 : 1593, as at first intended, or that it had been 
"Ze have hard of the infortunat slauchter of exhumed by his turbulent son and successor, 
zour cheiff, my Loird Erie of Mortoun. I with whose desperate character is recorded in the 
advyis of his freindis heir hes thocht nieit that Act of Parliament passed on 24th June 1609 
the bm-iall of his body salhe vpon Soneday the j- Acta of the Parliaments of Scotland, vol. iv. 
penult of December instant." p 45J . The Book q£ Carlaverockj vo] ; 

The Register of the Privy Council (vol. v. p. 318]. Dame Elizabeth Douglas, Lady 

pp. 444, 445), under date 16th February Maxwell, the wife of Lord Maxwell, who died 

1597-98, contains an order for the burial of at Edinburgh in the year 1637, is stated in a 

the bodies of the Earl of Moray and Lord MS. Account of the Herries Family, to have 

Maxwell. The order proceeds upon the corn- been interred in a vault in the College Kirk 

plaint of certain ministers that the bodies of of Lincluden, beside the remains of Lord 

these two lords continued so many years un- Maxwell. [The Book of Carlaverock, vol. i, 

buried. The council ordained that they p. 299.] 



CXXVlii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

keep peace with England and establish good rule. As the narrative in the 
commission makes no mention of the slaughter of Lord Maxwell by Sir 
James's own hand, nor of the carrying of the head and arms of Maxwell to 
Lochwood, the tradition on that subject, to which reference has been made, 
is rendered all the more doubtful. But as showing that this negative evidence 
is not conclusive, it is to be observed that neither does the narrative make 
any mention of Lord Maxwell's having any special commission to apprehend 
Johnstone. In connection with this last fact, it may be pointed out that the 
new commissioners are not directed to apprehend him. From the whole 
tenor of the commission it is apparent that at this stage the king and 
council were not disposed to adopt extreme measures against Johnstone if 
the peace of the border could otherwise be secured. From this time 
Johnstone evinced a disposition to follow a conciliatory course, as is shown 
by his restoring part of the property plundered at Sanquhar. 

Six months after the battle of Dryfesands Sir James Johnstone made 
proposals for an amicable agreement with Lord Maxwell's friends. In 
these he made solemn declaration that the last unhappy and ungodly work 
that fell out between Lord Maxwell and him arose out of "the grit 
skaithis of fyris, heirschipis, and slauchteris," done by his lordship upon 
Sir James's father, which he says " wes his deith." Nevertheless, he adds, 
he had " buryit thai materis in my hart," and entered into a hearty 
agreement with Lord Maxwell. But the latter had made another private 
bond for the wrack of him and his friends, and hence the breaking of the 
Borders, which had been and was still likely to be. For avoiding this Sir 
James proposed that mutual assurances should be given by Maxwell's friends 
and himself to keep the peace and to give redress of wrongs which might 
be shown to have been inflicted. In case his proposals for a friendly agree- 
ment were refused, Sir James resolved that he would present a copy of them 
to the king and the kirk, and take God to witness of his innocency. 1 

1 Original proposals, dated Lochwood, 30th June 1594, Charters of this Work, pp. 61, 62. 



RESPITE FOR THE DEATH OF LORD MAXWELL, 1594. cxxix 

The efforts of Johnstone at reconciliation were not at this time successful, 
as his proposals were not favoured by the Maxwells. He next endeavoured 
to make peace with the government. "While parliament was sitting, during 
the month of June, he employed several courtiers to "travel" in the 
matter. Sir James himself and Johnstone of Westerhall were at the time 
secretly within five miles of Edinburgh, waiting the result of the negotiations. 
Lord Hamilton, having heard of Johnstone's presence in the suburbs, received 
a commission to apprehend him. But before it was subscribed, Sir John 
Carmichael, captain of the guard, sent his page in haste upon one of the 
king's horses to give him timely warning. 1 The endeavours of Sir James 
and his friends ultimately prevailed ; and towards the close of the year, 
and fully twelve months after the battle of Dryfesands, the king out of his 
special grace, favour, and mercy granted him a respite for art and part in the 
treasonable slaughter of the late Lord Maxwell, and others, on 6fch December 
1593, as well as for other crimes mentioned therein. 2 

The remission now obtained by Sir James from the king, while it could 
not fail to be satisfactory to him, did not allay either the troubles on the 
Borders or the feuds between the Johnstones and Maxwells. Previous to the 
remission disorder was very prevalent. In a list of " wickit thevis, oppressoris, 
and pece brekaris and resettaris of thift," which was presented to parliament 
in June 1594, the surname of Johnstone is placed alongside that of many 
others, including the Armstrongs, Elliots, Nixons, Grahames, Irvines, Jardines, 
Bells, etc. Parliament enacted that a roll should be made and pledges re- 
quired of those whose names appeared in it. This order of parliament was 
now put into execution. 3 On the 9th January 1595 the privy council ordered 

1 Calderwood's History, vol. v. p. 336. are included in it, there being in all one 

2 The precept for the respite is without hundred and sixty persons named. [Reg. 
date, but it is subscribed by the king and Sir Sec. Sig. vol. lxvii. fol. 43 ; Book of Carlave- 
Robert Melvill, his treasurer [Charters of this rock, vol. ii. pp. 497-499 ; Annandale Peerage, 
Work, p. 62]. The respite itself , which was for Minutes of Evidence, 1877, pp. 2S1, 282.] 
five years, is dated at Holyrood-house, 24th 3 The Acts of the Parliaments of Scotland, 
December 1594. Many of Johnstone's friends vol. iv. pp. 71, 72. 

VOL. I. B 



CXXX SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

that the pledges entered by Sir James should not be quarrelled or accused for 
any offences committed by the persons for whom they pledged before the feast 
of Yule, but only for such as should be committed after that date. Two days 
later, the king, with advice of his council, declared to Sir James and to Sir 
Walter Scott of Branxholme, who had given bond concerning Sir James, both 
being present, that if any of the branches of Johnstone, or others for whom 
pledges were entered, committed " stouthreif, oppressioun, or blude," or con- 
travened the conditions on which they were entered, the pledge or pledges of 
the branch or branches so contravening should, be imprisoned, and Sir James 
and Sir Walter should be required either to satisfy the injured or to enter 
the offenders before the king and council, or before the justice, within fifteen 
days after the requisition. If they failed to do so, the pledge or pledges 
of the branch or branches so offending should be slain ; and Johnstone and 
Scott should be bound to enter other pledges of the same branches. 1 

These measures did not accomplish much, and it will be seen that the 
West March remained as turbulent as ever. 

In October 1595 a serious incident took place, which greatly embittered 
the feud between the Maxwells and the Johnstones. William Maxwell, Lord 
Hemes, acting as warden of the West Marches, in that month went to 
Lockerbie with 300 men, and apprehended certain persons there. Colville, 
in a letter to Eobert Bowes, asserts that Lord Hay [Hemes], with Drumlanrig, 
accompanied by nearly 2000 men, ran a foray in Annandale, and took away a 
great booty of goods, which were restored. 2 A party of Johnstones attacked 
the warden, rescued the prisoners, and forced Lord Hemes to retire with the 
loss of nearly a score of his men, dead or wounded. Sir John Maxwell of 
Pollok was among the slain. 3 

Besides the statements of Colville there is other evidence that King James 

1 Register of the Privy Council, vol. v. pp. 197, 109. 

2 Letters of John Colville, Bannatyne Club, 185S, Appendix, p. 327. 

3 Book of Carlaveroek, vol. i, p. 301 ; Memoirs of the Maxwells of Pollok, vol. i. p. 42. 



APPOINTED WARDEN OF THE WEST MARCH, 1596. cxxxi 

the Sixth found it again necessary to intervene between the Maxwells and 
the Johnstones. This he did in a series of measures extending over several 
months, which fall now to be described. The king and council, with advice 
and consent of Sir James Johnstone, who was present, set free all prisoners 
taken by him and his followers at any of the late conflicts between them and 
the Maxwells, and discharged all bonds or other securities made by them to 
Sir James. 1 In addition to this, and as a measure of precaution apparently, 
Lord Hemes, Drumlanrig, and Johnstone were warded in Edinburgh Castle. 
In the end of December, Sir John Carmichael was appointed warden of the West 
March. In the beginning of January Johnstone was set at liberty, 2 but he 
had to give a bond for £10,000 that he would appear before the king and 
council when required. 3 He had also to give pledges for good rule of the 
several " gangs " under his jurisdiction, bind himself that the pledges entered 
in ward who escaped should be returned again under a penalty of £1000 for 
each pledge, and find caution to redress all wrongs committed by those for 
whom he was liable since the respite granted to him on 24th December 1594. 

Besides these measures, assurances were exacted from the Maxwells, 
Johnstones, and others. William, Lord Hemes, who subscribed an assur- 
ance to Sir James Johnstone of Dunskellie, afterwards protested that although 
he had subscribed it at the express command of the king, he could not answer 
for the Maxwells in Clydesdale and Renfrewshire, and various other persons. 4 

But the most interesting and surprising of all the measures adopted 
by King James for suppression of feuds and establishing good rule on 
the Borders is now to be related. The king, with consent of his council, 
granted a commission to Sir James Johnstone, appointing him to be warden 
and justice within the bounds of the West March, including Annandale, 
Eskdale, Ewesdale, Nithsdale, and Galloway. The commission was to endure 

1 Register of the Privy Council, vol. v. 3 2d January 1595-0. Register of the 
p. 246, 11th December 1595. Privy Council, vol. v. p. 738. 

2 Thorpe's Calendar, vol. ii. pp. 702, 703. i 8th March 1595-6. Ibid. p. 280. 



CXXxii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

for one year, and longer at the king's pleasure. 1 The West Marches con- 
tinued to he the scene of much disorder after the appointment of Sir James. 
The Maxwells were dissatisfied, and soon made preparations to prosecute 
the feud anew. 2 King James again repaired to Dumfries, where he held 
meetings of the privy council, from the 1st till the 9th of April 1597, when 
he returned to Edinburgh. 

In July 1597 Sir James Johnstone and Buccleuch were both committed 
to ward in the castle of Edinburgh, apparently for failure to deliver their 
pledges. 3 They were soon after released by the king to go and fetch their 
pledges, and then return to ward. 4 The king himself again repaired to 
Dumfries, where he was from the beginning to the end of November. 
Among other arrangements which he made while there he annulled the 
bonds taken by Johnstone from dependers upon Lord Sanquhar and the 
lairds of Drumlanrig and Dalzell, who had been taken and liberated upon 
bond for re-entry, ordered the subscribing of mutual assurances, and on the 
28th of the month appointed Andrew, Lord Stewart of Ochiltree, to be 
lieutenant and warden of the West March, in room of Sir James Johnstone. 5 

In the beginning of May the very serious charge was preferred against 
Sir James of breaking his solemn assurance in the following circum- 
stances. Johnstone and some others having lain in wait at Auchinflek for 
Oswald Bell of the Hill, John Bell called the Hoig, and Eergy Bell, his 
brother, slew Oswald, chased John -and Fergy three miles to the water of 
Carron, slew Erancie and Cristie Carlille, all dependers of Sir James 
Douglas of Drumlanrig. 6 Upon the complaint of the latter the matter was 

1 28th July 1596. Charters of this Work, 6 Register of the Privy Council, vol. v. 
pp. 64-66. pp. 421-426, 432. 

2 Thorpe's Calendar, vol. ii. p. 733. 

3 Letter, Robert Bowes to Sir Robert 6 This conflict is thus recorded by Birrell 
Ceeill, Edinburgh, 23d July 1597. Thorpe's [13th July 1597]: "An feight or combat 
Calendar, vol. ii. p. 740. betuix the laird of Drumlanrick and the laird 

4 24th August 15D7. Vol. ii. of this work, of Johnestoun and thair assisteris." [Birrell's 
p. 12. Diary, p. 44.] 



DENOUNCED AS A REBEL, 1598. cxxxiii 

taken up by the privy council. Andrew Johnstone of Kirktoun, who appeared 
for Sir James Johnstone, excused his absence on the ground that by reason 
of the slaughter committed by him he could not appear personally without 
his Majesty's dispensation. The council decerned the assurance violated, 
and declared Johnstone perjured and defamed in time coming. Publication 
of the sentence upon Sir James was made at the cross of Edinburgh, where 
he was hung in effigy with his head downward, declared mansworn, and on 
5th June put to the horn and pronounced a rebel. 1 Not till 2d Jidy 1600, 
fully two years after this sentence was pronounced, was Sir James restored 
to his honours. Meanwhile further troubles were in store for Johnstone. 
The inhabitants of Nithsdale, Annandale, and other parts of the West Border 
gave in a complaint to parliament against him in which they enumerated 
his slaughter of Lord Maxwell, the laird of Nether Pollok, and others to the 
number of thirty or forty, and stated that he was still " prosequuting a 
maist wyld and bludie course." Although there were those who ceased not 
" to travell and interceid in favour of the said laird of Johnnestoun," parlia- 
ment passed a special act subscribed by the king, inhibiting any to inter- 
commune or assist him in any sort. 2 His bond of 2d January 1595-6 to 
appear before the king and council when required was forfeited, and the 
penalty of £10,000 ordered to be uptaken. 3 

Sir James Johnstone made endeavours to be reconciled to the king, 4 and 
met with ultimate success, as in about eight months after the forfeiture of 
his bond he was well received at court. 5 

The accusations of Drumlanrig and the sentence pronounced against him 

1 5th May 1598. Register of the Privy Cecill, 31st August 1598. Thorpe's Calendar, 
Council, vol. v. pp. 456, 458. Birrell's vol. ii. p. 755. 

Diary, p. 46. 

2 Acts of the Parliaments of Scotland, 5 Calderwood relates that on 2d February 
vol. iv. p. 166. 1599 " Huntlie, Hume, and the laird of John- 

3 30th June 1598. Register of the Privy stoun came to court, were -well received, — 
Council, vol. v. p. 747. men renowned for treason, raising of fire, 

4 Letter, George Nicolson to Sir Robert killing, spoiling " [History, vol. v. p. 732]. 



CXXxiv SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

in consequence of these lay heavy upon the mind of Sir James as reflecting 
upon his honour. There exists in the Annandale Charter-chest a vigorous 
vindication of himself from his own pen, which is interesting. The state- 
ment is an earnest protest by Sir James of his innocence and his anxiety 
to have the question settled by the law of arms, which was an old Border 
practice, and his allusions to his antagonist, the laird of Drumlanrig, in it, 
are far from complimentary. 

Sir James Johnstone heads his vindication with the words, " Eeid me and 
lat me stik still." He then relates the terms of the assurance which Sir James 
Douglas of Drumlanrig had given him on 29th November 1597, to the effect 
that for the period of the bond, which was till 1st January 1598, he would not 
molest him, nor his friends and servants, "under the pane of periurie, infamie, 
and tynsell of perpetuall honnour and credditt and estimation in tyme cuming." 
Under the heading " Breks follows nixt," he enumerates five several breaches 
of the assurance, consisting of acts of violence, burning, and theft, committed 
by the Bells and Cairlells, and by Eeidclok and his accomplices. The first of 
the five, referring to the burning of a house by David Bell upon " the Leithe 
day," he enforces with the words, "The quhilk he nather will nor dar deney." 

In the remainder of the vindication Sir James Johnstone says that upon 
being so used by Drumlanrig he wrote to the king, acquainting him with the 
"brekis" in question, stating that in the circumstances he would no longer 
think of an assurance, nor lean to it, and asking him to hold him excused 
whatever fell out thereupon. He says further that he wrote to the same 
purpose to the lieutenant who had delivered the assurance, but received no 
answer. He then spoke to the lieutenant, informing him that the assurance 
was broken in several points, and adding that if he " gat ony of Drumlangrigs 
befoir I wane hame at that present I sould do thame the vorst." He offers to 
prove by the law of arms that this was all done before he troubled any 
man, and he desires all gentlemen to make the offer in his name. There- 
after he denounces Drumlanrig in unmeasured terms, speaking of him as 



DEFENDS HIMSELF AGAINST DRUMLANRIG. CXXXV 

" hot ane feibill and vnhonnest periurit creattour," and applying other strong 
epithets to him for moving the king and council in his absence " to publeis 
my schame." He claims that his statement made it manifest to all men that 
the king in giving a decree against him, and neither giving him a remission for 
the slaughter he had committed nor licence to come and go to defend his own 
cause, had wronged him ; and he challenges any man in Scotland to say he 
had broken the assurance, when he would answer him. But if no one could 
say so, he desired to be esteemed honest. Sir James concludes his statement 
by making offer to Drumlanrig, " that feibill creattour, or to ony of his estait 
in his name, fra [for] he dar nocht, to pruiff him periurit, defamit, and noch 
vordde credit be the vords that is set done herein, and that be the sword." 
After desiririg all men to excuse " my ruid forme," Sir James authenticates 
his vindication by his own signature, " Johnnestoun." 

Sir James Johnstone during the last few years of the preceding narrative 
figures at one time at Dryfesands on the field of battle, at another time, near 
Edinburgh, negotiating for the king's remission, and again at his own home 
wielding the pen instead of the sword, vindicating himself as a man of honour 
and challenging his adversary to settle their dispute by an appeal to the law 
of arms. He now figures, to the close of this chapter and during the remain- 
ing months of the century, in ward, first in Dumbarton castle, and later in 
Doune castle. While Johnstone was at large, the most strenuous efforts of 
the king, council, and warden of the West March to secure the peace of the 
Border were in vain ; now that he was in ward, their endeavours in the same 
direction, it will be seen, were equally futile. It was not until Johnstone and 
Maxwell had both come to a tragic end in their prolonged struggle that the 
feud between the two clans which they represented was terminated and the 
peace of the Border secured. What follows is a narrative of the warding of 
Johnstone and of the action of the government while he was in ward. 

In June 1599, Sir James Johnstone was denounced rebel, having failed 
to present for trial several Johnstones who had violently ejected the com- 



CXXXvi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

mendator of Saulseat from the lands of Courance and Garvall. 1 On 31st 
July, Johnstone, Lord Hemes, and Sir James Douglas, were placed in 
ward. 2 This was evidently part of the government course of action for the 
pacification of the West Border. The persons thus warded failed to enter 
pledges in compliance with the order of the estates, and were in consequence 
ordained to surrender the castles of Carlaverock, Dumfries, Drumlanrig, and 
Lochwood to the warden of the West March, till such time as the pledges in 
question were entered. On 15th Septemher the privy council, while con- 
tinuing Johnstone in ward, sent him to the castle of Doune in Menteith. 
Orders were given to garrison the house of Lochwood and other castles 
surrendered to William, Earl of Angus, who in June 1598 had been appointed 
lieutenant of the Borders. This was to be done at the expense of the 
persons to whom the houses belonged. 3 

Later in the month the Johnstones and Armstrongs made overtures of 
submission to Angus. The Johnstones in their offers expressed the desire 
that upon the entry of their pledges " the laird, our cheiff, may be brocht 
hame." But their offers were not considered satisfactory nor sufficient. 4 
Angus had already written to Johnstone, before he was removed from 
Dumbarton Castle, to cause his friends to enter their pledges. Johnstone's 
reply to the earl showed that he was equal to the occasion. He said, " Thay 
wald do nathing for him, he being in the place he wes in." Having failed 
with Sir James Johnstone, the earl next tried Lady Sara Maxwell, his wife, 

1 7th June 1599. Register of the Privy Courance and half lands of Over Garvald 

Council, vol. vi. p. 2. On 23d March 1598-9, within forty-eight hours after his passing to 

Mr. John Johnstone, advocate, received a Annandale, and that he should not be 

gift of the office of commendator of Saulseat troubled in the lands thereafter. [Register 

upon the demission of Mr. John Johnstone, of the Privy Council, vol. vi. p. 116.] 

the last commendator. [Annandale Peerage 2 3]gt July , 599 Register of the Privy 

Minutes of Evidence, 1877, p. 282.] A year Council; vol vi . p _ 17 _ Acts of the ParJia _ 

later, on 14th June 1600, Sir James John- ments of Scotland) vol _ iv p 182 

stone promised to enter Symon Johnstone, 

. ., c xi. i j. t i ™„„j„* „f 3 Register of the Privy Council, vol. vi 

brother of the late John, commendator oi ° •' 

Saulseat, and John Johnstone, student, in PP- 31 > 32 > 839 - 

the possession of the lands and fortalice of 4 Ibid. pp. 839-S42. 



PROCEEDINGS OP THE EARL OP ANGUS, 1599. CXXXvii 

and some of the principal Johnstones. But neither did he succeed with 
them. They said they would speak to their friends, but would not promise. 
He wrote again on several occasions to Sir James Johnstone to the same effect 
as before, and apparently with no better result. 

While Angus was considering his answer to their offers of submission, 
which have been already alluded to, the Johnstones took the castle of 
Lochmaben, and " reft the poor tenants' geir." Angus thereupon made a raid 
upon them and burnt some of their houses. He then asked the laird of 
Lochinvar, younger, to speak to the Johnstones and get them to surrender the 
castle which they had taken. But the Johnstones with great spirit declined to 
give it up, saying that they had as good " kindness " to that castle as to any 
house or land in Annandale, and would render it neither to king, queen, 
nor lieutenant. Upon this Angus made another raid upon them, and this 
time "brint Howgill, Davie of Kirkhillis, and sum uther of Wamfra that 
wes at the taking of Lochmabane." He now made another application to 
Lady Johnstone by the laird of Elscheillis, to have pledges sent to him. 
But no pledges were entered nor was the castle of Lochmaben surrendered. 
Meanwhile the Johnstones were guilty of many depredations. Lady John- 
stone wrote to Angus that her husband's friends would do nothing but what 
the laird of Buccleuch offered to do. By another missive to the earl she 
guaranteed the safety of true men and the poor tenants of Johnstone only. 
Sir James Johnstone complained to the king of "the skayth done to his 
thevis," probably by Angus. The latter referring to his complaint, says that 
the king should not heed such trifles since they had the " heirschip " of the 
country and blood of all men betwixt Sanquhar, Carlaverock, and the water 
of Urr. He added that more harm had been done to the laird of Carmichael 
within the last six days " upoun a nicht nor all the skaith thai haiff pre- 
tendit." 1 The king now supplemented what his lieutenant had done. Those 

1 " Informatioun of the haill proceedingis aganis the Johnestonis." Register of the 
Privy Council, vol. vi. pp. 843-846. 

VOL. I. S 



CXXXviii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

whom he had for some time kept in ward were directed to submit their feuds 
to arbitration, — the king to be oversman. Several bonds of assurance to Sir 
James Johnstone, and an attempt to compel Lord Maxwell to subscribe one 
to him, were the only outcome of this direction so far as known. 

CHAPTER THIRD. 

Sir James restored to honour, June 1600 — Re-appointed Warden in August same year — 
Mutual bonds of assurance passed in 1600 and 1601 — Lord Maxwell meditates an 
attack upon Sir James— King's visit to Dumfries, 1602 — Letter of Slains to Johnstone 
— Remission to him, 1605 — Story of his slaughter, 1608 — Lord Maxwell's trial, 1609 — 
His execution, 1613 — Inscription on Johnstone's tombstone — Lady Sara Maxwell, 
his wife. 

Sir James Johnstone continued for the space of two years denounced as 
perjured and infamous for the alleged violation of an assurance which he had 
granted to Sir James Douglas of Drumlanrig, noticed in the foregoing chapter. 
The vindication of himself which he wrote shows the keen manner in which 
he felt his honesty being called in question in such a way. But beyond 
writing and communicating to the proper authorities this vindication, until 
28th June 1600 he does not appear to have taken any step to be relieved 
from so odious a sentence. On that date, however, he supplicated for an act 
of council to be passed in his favour granting him that relief. In his suppli- 
cation he defended himself from the charge of breaking any assurance which 
he gave, grounding the sentence passed upon him not upon that crime, 
but upon the contempt and indignity which he had done to the king- 
in presuming to give up an assurance to his Majesty, and under pretence 
of it revenging himself upon the king's subjects. The king and council 
adopted this view of the case, and passed an act in his favour declaring that, 
" notwithstanding the said decree pronounced by his Majesty against Johnnes- 
toun, he has not, in any point, broken the assurance to the party, and has not 
incurred the said pain of perjury or defamatioun, which was only irrogat to 
him for his offence done to his Majestie, and therefore restore him to his fame 



SIR JAMES RESTORED TO HIS HONOURS, 1G00. cxxxix 

and honour, ordaining him to be held an honest and faithful man." J As the 
sentence declaring Sir James Johnstone infamous had been published at the 
cross of Edinburgh, so, four days after the passing of the act which practically 
reduced that sentence, he was, with equal publicity, formally restored to his 
honours at the cross of Edinburgh by the proclamation of a herald and four 
trumpeters. 2 Soon after this Johnstone was one of thirty-nine persons, 
including the three wardens of the marches, Maxwells, Armstrongs, and 
others, summoned to meet the king and council at Falkland on 11th 
August, to advise regarding the disorders on the Borders. They were to be 
held responsible for any crime committed during their absence. 3 There is 
no record of a meeting of council on 11th August. But at a meeting held 
two days later, the subject of the West March was fully entered upon and 
means devised for establishing better rule, as well as encouragements given 
to the warden and others within the wardenry, all as set forth in the act of 
council in which they were embodied. Two matters embraced in the 
business of this meeting specially affected Sir James Johnstone. By one of 
these, the last provision in the act, Johnstone and other six persons named 
were, with a sufficient company, ordained to repair to and dwell in the houses 
designed in the act, the better to resist and oppose the thieves in the country. 
Lord Hemes was to reside in Hoddam or Lockerbie. Sir James Douglas was to 
dwell in the Bos or the Nuke. Sir James Johnstone had no place assigned 
to him, but he was to take up his residence " in some plaice quhar the Lord 
Herries, in cais he be wardane, sail appoint." 4 It will be seen that Lord 
Herries did not continue to be warden. 

The other business of the council in which Sir James was specially inter- 
ested was his appointment as warden of the West March. Lord Herries had 
been in possession of the office for about two months, and his tenure of it was 

1 28th June 1600. Register of the Privy 3 28th July 1600. Register of the Privy 

Council, vol. vi. pp. 121-123. Council, vol. vi. pp. 136-138. 

- Birrell's Diary [2d July 1600]. p. 46. 4 Ibid. pp. 152-155. 



Cxi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

made dependent upon the king's pleasure. It is apparent from the foregoing 
act that there was to the last some probability of his lordship's continuing 
to hold the office. The very next entry in the Eegister of the Council to the 
act about the Border, however, states that the king, with advice of his council, 
understanding the good affection, and the long experience of Sir James John- 
stone for administering the office of wardenry, constituted him warden and 
justice of the West March. His commission was to endure till it was specially 
discharged by the king. 1 This was the second time that Sir James was 
called to hold this important office, and on both occasions he succeeded 
William, Lord Hemes. He now continued to hold the office until its abolition 
in 1603, upon the succession of King James to the throne of England, and 
during this period enjoyed the confidence and favour of the king. Sir James 
Johnstone was thus the last of the wardens of the West March. 

The appointment of Johnstone to be warden on this occasion was by no 
means pleasing to the Maxwells, who from this time, with Lord Maxwell, 
their chief, became more turbulent than ever. As there was thus a danger of 
the Johnstone and Maxwell feud breaking out with renewed violence, the 
king exacted assurances from both parties. 2 An incident in which Johnstone 
was involved through his mother falls to be noticed here. The incident, which 
illustrates the vigorous character of the lady, and shows the co-operation of 
Sir James with his mother, relates to an attempt made by Alexander 
Jardine of Applegirth to reduce a commission of justiciary obtained by Sir 
James Johnstone at the instance of Dame Margaret Scott, Lady Johnstone, 
his mother, and the rnother-inJaw of Jardine. A complaint of Jardine to 
the council which was directed against Lady Johnstone rather than against 
Sir James, sets forth that her ladyship, who was conjunct fiar of the barony 
of Wandell, moved with "a gredie and un satiable desyre" of the whole 
rooms of the poor tenants in the barony, had endeavoured unsuccessfully, 

1 13th August 1600. Register of the Privy Council, vol, vi. p. 155. 

2 Charters of this work, pp. 70, 71. Register of the Privy Council, vol. vi. p. 197. 



STATE OF THE BORDERS IN 1601. cxli 

by fair means, policy, and craft, to get them to renounce their tacks that 
she might place therein such tenants as he would not be able to remove. 
She was so enraged and inflamed at their refusal that she " resolved, in- 
directlie under the pretens of law, to have thair lyffis." She had already 
executed one of them as a thief without any trial. She had since obtained 
the commission of justiciary for Sir James that she might pursue them. 
Further, she had only borrowed her son's name in the matter, and she would 
be practically judge and party, and would not fail to convict the men. The 
council refused to sustain the complaint of Jardine, and ordained the com- 
mission of Sir James Johnstone to be put to execution in all points. 1 

The Borders again demanded the special attention of the warden and 
the government, and occasioned considerable correspondence between England 
and Scotland. The Armstrongs were raiding upon the English borders. In 
the papers relating to Scotland preserved in the Public Record Office, Lon- 
don, the letters of this period help to show the actual state of matters, the 
anxiety which it occasioned to the authorities, and the attempts which were 
made to cope with the evil. On 31st March 1601, the king wrote to John- 
stone and Buccleuch to repress the attempts of the broken men of their 
bounds upon England, and blaming them for incursions into that kingdom 
which had lately taken place. Three days later George Mcolson, the 
English agent, wrote him about "the horrible outrages on the Borders," 
and as to the best means of preventing them, and also of his communica- 
tion with the king on the subject. The king at the same time authorised 
Sir Kobert Cary and Lord Scrope, as shown in a letter from George 
Nicolson to them, to pursue the rebels in England or Scotland, wherever 
they should have opportunity. George Nicolson had also written a letter 
complaining that Sir James Johnstone had not met with the English 
officers for redress of Border matters. Sir James in reply to that letter 
attributed all the blame to Lord Scrope. In a subsequent letter to Sir 
1 16th March 1601. Register of the Privy Council, vol. vi. p. 227. 



Cxlii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

Thomas Erskine and Sir George Home, Nicolson wrote that he understood 
that Francis Armstrong and others, the late spoilers, had been taken by 
Johnstone, and recommended them to be delivered up to the queen's officers. 
On the 2 2d of April, Nicolson again wrote to Sir Eobert Cecill, the English 
minister, that the Borders were quiet through Johnstone's diligence. King 
James had one or more interviews with Johnstone, probably towards the end 
of April, when secret speeches passed between them upon Border disorders, 
and the delay in staying the incursions upon the English, through the 
absence of Lord Scrope from his wardenry. 

Johnstone succeeded in putting a stop to the incursions upon the English, 
but the raiding of the English upon the Scotch was not ended so quickly. 
In the month of August, George Nicolson did not see how the peace could 
be preserved. A spoil committed upon his honest subjects drew forth a 
complaint from the king, and Lord Scrope, keeper of the English march, pre- 
vious to 17th August, forwarded a "defence for the late matter alleged against 
him of taking certain persons into custody," which the king sent for con- 
firmation to Sir James Johnstone. 1 

Other Border troubles soon arose. In violation of an arrangement not to 
resort to Nithsdale, Annandale, or Galloway, without licence, Maxwell, 
according to the council, in prosecution of some desperate purpose against 
Johnstone, and to " disturb and schaik lowse" the whole country, first went 
home to Nithsdale, and afterwards on 10th May to the outskirts of Dumfries. 
Although for some reason his lordship did not then succeed in his purpose, 
he did not abandon it. 2 The council, as a precaution, exacted assurances 
from twenty-two Maxwells and Sir James Johnstone, aud summoned Maxwell, 
Hemes, and about a score others, to appear before them at Holyrood the 
following month to submit to such order as should be taken with them. 

The Armstrongs followed suit upon the Maxwells in creating Border 

1 Thorpe's Calendar, vol. ii. p. 795-797, 802. 

a Eegister of the Privy Council, vol. vi. p. 240, 317. 



VISIT OF KING JAMES TO DUMFRIES, 1602. cxliii 

dispeace. It was probably in revenge for the apprehension of Francie 
Armstrong that this unruly clan made a "spoil" on the tenants of John- 
stone. This was in November 1601, and in May following there is chronicled 
in correspondence of the time "a rode upon the laird of Johnstones lands 
by the Armstrongs." 1 It was a gang of the Armstrongs who murdered 
Sir John Carmichael, a former warden, on 16th June 1600. The Grahams 
had reset the murderers. Sir James Johnstone apprehended the re- 
setters. But they were rescued from him within the English bounds, for 
which the king complained to Queen Elizabeth. 2 

These Border raids induced the king again to visit Dumfries. While 
there, from 28th February to 8th March 1602, he bound Lord Hemes and 
other Maxwells not to assist Lord Maxwell; and called for complaints 
against the Johnstones, Armstrongs, and others. Lord Maxwell meanwhile 
engaged in hostilities against the Johnstones ; and with twenty armed men 
he marched against William Johnstone, brother of William Johnstone of 
Elscheschellis, and John Johnstone, brother of James Johnstone of Hislie- 
bray. Proceeding to Dalfibble, in the parish of Kirkmichael, he drove 
William Johnstone within his house, set fire to it, and cruelly put him 
to death when the fire compelled him to come out. He then went to the 
house of Cuthbert Bratten in the same place, and with equal cruelty set it 
on fire, and burned James Johnstone called of Briggs, who was within it. 3 
For these crimes Lord Maxwell, when called before the council on 3d March, 
was only warded in Kenfrew, in the house of Lord John Hamilton, his 
father-in-law, and prohibited to repair to Mthsdale, Galloway, or Annandale 
without the king's licence. 4 

The king resolved to return to Dumfries in October, and he appointed 

1 Letter, George Nieolson to Sir Robert pp. 355-35S ; The Book of Carlaverock, vol. i. 
Cecill. Thorpe's Calendar, vol. ii. pp. 806, p. 305. 

812. 

2 Letter, December 4, 1601. Ibid. p. 805. 4 Dumfries, 3d March 1602. Register of 

3 Register of the Privy Council, vol. vi. the Privy Council, vol. vi. p. 356. 



cxliv SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

the three wardens of the Marches to attend the council on 8th September 
to give an account of their proceedings. He concluded his visit to Dumfries 
by committing to Johnstone the keeping of the place of Torthorwald, on 
bond to deliver it when required, and not to reset James Douglas of 
Torthorwald. 1 Soon afterwards the king wrote from Edinburgh to John- 
stone and the goodman of Hayning, blaming them for disorders within their 
jurisdiction, and informing them of orders to the wardens opposite about 
which he desired their co-operation. 2 The co-operation referred to was 
probably the keeping of a day of truce between him and the wardens on the 
opposite side of his march. In such truces the wardens on the different sides 
of the marches met, discussed and rectified their mutual grievances, granted 
compensation for losses, and generally gave satisfaction for injuries inflicted 
through raids and otherwise. Johnstone held a day of truce on 7th May, 
Several Border lairds who refused to attend afterwards appeared before the 
privy council, and pleaded sickness and other reasons for their non-attendance. 3 
Stewart of Garlies and others who failed to appear were denounced rebels. 4 

The king, in October 1602, returned to Dumfries, where the council sat as 
a court of justice from 11th to 19th October, and received many complaints 
for adjudication. It is noticeable that none of these complaints were from 
or against any one of the surname of Johnstone. The other business over- 
taken by the council at Dumfries included a general bond against thieves, 
murderers, and oppressors, which was subscribed by the king, council, and 

1 Register of the Privy Council, vol. vi. * 17th June 1602. Register of the Privy 
p. 358. Sir James subscribed the bond at Council, vol. vi. p. 395. A few months later 
Lochwood on the 8th March before " Hali- an act of council was passed, requiring the 
ruidhous " and " Carmichell." lieges of the West March to keep days of 

2 31st March 1602. Thorpe's Calendar, " trew," under certain specified penalties, 
vol. ii. p. 810. which were assigned to the warden to defray 

3 In the early part of the reign of King the expenses of his office. [Ibid. pp. S29, 
James the Fifth, " from the ferocious habits 830.] Vide letters of gift by the king to 
of the Borderers, nothing could be more dim- Sir James Johnstone, dated 26th October 
cult than to enforce the observance of a 1602, Charters of this work, pp. 72, 73. 
truce." Tytler, vol. iv. p. 141. 



PLANTATION OF PARISH CHURCHES, 1602. cxlv 

Border landlords. The king signed this deed in token of his approbation 
and allowance of the premises. In the bond the signature "Johnstoun" 
follows immediately after the signatures of the privy council, and takes 
precedence of all the other signatures. The business of the council also in- 
cluded matters which closely affected Sir James in his capacity as warden. 
Lord Hemes, Thomas Kirkpatrick of Closeburn, Johnstone of Newbie, and 
others, were appointed assessors to him, by whose advice he was to direct 
the whole affairs of his office of any importance. 1 Sir James obliged him- 
self to redress certain grievances, and generally to secure the good rule of 
the country, so long as he continued in office. 2 

In addition to the redress of grievances, the subscribing of a general bond, 
the appointment of assessors to the warden, the laying of stringent obligations 
upon the warden, and other expedients adopted to procure the peace and good 
rule of the West March, the king, on the eve of departing from Dumfries, 
sought further to procure these ends by promoting the spiritual well-being of 
the people. This he did by a commission which he granted to Sir James 
Johnstone for the plantation of certain parish churches in Annandale. By 
the terms of this commission the parish churches of Lochmaben, Dryfesdale, 
and other places were to be rebuilt by the parishioners before 1st October 
1603. This commission was granted upon the recommendation of the privy 
council, who considered Sir James to be the special man of power and 
authority in the bounds to move the parishioners to that effect. 3 

Orders were given by the council in December 1602 for the renewal of 
certain assurances between the Johnstones and Maxwells. Lord Maxwell, 
who was warded in Edinburgh Castle, refused to assure Sir James Johnstone, 
and was continued in ward and placed under certain restrictions, but he 
escaped from his confinement there by stratagem, and was intercommuned. 

1 Register of the Privy Council, vol. vi. House, 29th November 1602, in Annandale 
pp. 468-474, 825-829. Charter-chest. 

3 Dumfries, 19th October 1602. Charters 

2 Extract Act of Privy Council, Holyrood of this vrork, pp. 71, 72. 

VOL. I. T 



cxlvi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

In connection with the baptism of Sir James Johnstone's son, which 
occurred this year, a robbery took place of a kind said to be then unprece- 
dented. The circumstances were these : — The laird of Graitney having 
obtained licence from Mr. Phenick, keeper of Tynedale, to hunt in Tynedale, 
sent his three sons, with eight or nine servants, to hunt for venison for the 
banquet which was made by his chief, Sir James Johnstone, at the baptism 
of his son. When Graitney and his friends were enjoying the sport in Tyne- 
dale, Thomas Turnbull, younger of Mynto, Hector Turnbull of Barnhill, and 
Mark Turnbull of Bewlie, then passing into England for plunder, stole 
from the Graitney party five horses, with their carriage of bedding and 
victual, worth £240. The council, before whom the matter was brought, 
decided against the aggressors for three horses at £40 each. 1 

There is nothing further calling for notice in the life of Sir James John- 
stone until January 1605, when he was amerced in 1000 merks as cautioner 
for John Armstrong of Langholm. So far back as the year 1581, Armstrong 
had seized the castle or tower of Langholm, raised fire, burnt the plenishing 
of the tower, and committed other depredations. The furniture in the castle 
belonged to Herbert Maxwell of Cavens, who having sued for redress, Arm- 
strong was denounced rebel and put to the horn, and Johnstone as his 
cautioner was fined as above. The fining of Sir James as cautioner for Arm- 
strong at the instance of Maxwell of Cavens, after such a lapse of time, was 
calculated to add fuel to the feud between him and the Maxwells. 2 In 1605 
also, the keeping of Lochmaben castle, which had been held by Johnstone, 
was given to Sir William Cranstoun, apparent of that ilk, deputy lieutenant 
of the Borders. 3 Sir James, who in March appears to have been warded 
in his house in Edinburgh for a short time, was in the same month set at 
liberty. 4 

1 Jedburgh, 31st October 1602. Register 3 31st January 1605. Register of the 
of the Privy Council, vol. vi. p. 476. Privy Council, vol. vii. p. 20. 

2 11th January 1605. Pitcairn's Criminal 4 March 1605. Charters of this work, 
Trials, vol. ii. p. 451. p. 76. 



RECONCILIATION OF JOHNSTONE AND MAXWELL. cxlvii 

The remaining events in the years 1605 and 1606 relating to Johnstone 
chiefly refer to the interminable feud between him and the Maxwells. In 
a series of questions proposed by the commissioners of the Borders to the 
privy council to obtain directions for their guidance, with the answer of the 
council under each question, it is stated that the feud between Maxwell and 
Johnstone' was no small hindrance to the service. The Johnstones could not 
repair to Dumfries without peril, in consequence of the general feeling there 
against them ; also the chief refused to be responsible for some of the most 
broken men of Johnstone. The council in their answers appointed that 
the Johnstones should appear before the commissioners with their causes at 
Peebles, and held Sir James answerable for all the Johnstones that " dippit 
with him in the feud." On the representation of the commissioners that the 
whole personal property of parties would hardly suffice to make restitution 
for all the spoils of Maxwells and Johnstones, the council replied, "Do 
justice herein according to law." 1 

It was now sought by a renewed treaty of peace to have the quarrel 
with the Maxwells healed. This attempt proceeded upon a recommenda- 
tion of the estates regarding the removing of barbarous feuds. Lord 
Maxwell, having been charged by the council to submit the feud between him 
and Sir James Johnstone, declared that he was content, without submission 
or other ceremony, to take Johnstone by the hand and be reconciled to him. 2 
It was accordingly moved that they be reconciled in the presence of the 
council. Lord Maxwell at once took Sir James by the hand and remitted 
any rancour he had against him or his friends for the slaughter of the 
late John, Lord Maxwell, his father. This auspicious event took place in 
a full council on the 11th of June 1605. His lordship followed this up 
by subscribing a letter of Slains to Sir James and his friends for the 
same. 3 The letter of Slains, which is in similar terms to his declaration, and 

1 21st May 1605. Register of the Privy Council, vol. vii. pp. 709, 710. 

2 April 1605. Ibid. p. 38. 3 Ibid. p. 58. 



Cxlviii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

is granted at the special command of the king, and in performance of his 
promise to the lords of council, accepts Sir James and his kin in hearty love 
and favour. It was subscribed in presence of John, Earl of Montrose, lord 
commissioner, Alexander, Earl of Dunfermline, and other members of the 
privy council, and was afterwards inserted in their books. 1 

On the day the letter of Slains was presented to the council, and inserted 
in their Eegister, Johnstone entered in ward Cristie Armstrong of Barnegleis, 
who was charged by Lord Maxwell with assaulting his ploughmen. But 
Armstrong averred on oath that " with a birk wand " in his hand he only 
chased some of his lordship's servants off his ground of Darduling, which 
they were tilling. This the lords found was no breach of the assurance 
given by Johnstone to Maxwell. 3 A decree was made in terms of this finding, 
and the letter of Slains, which had been retained by the council until Sir 
James should clear himself in this matter, was now formally delivered to 
him, to be used by him as his own proper writ in time coming. 3 

The new treaty of peace guarded with such formalities only proved another 
hollow truce. Within the brief period of a month from the date of the re- 
conciliation Sir James Johnstone complained to the council that Lord Herries 
and Alexander Stewart of Garlies had given up friendship with him. When 
questioned on the subject by the council, his lordship and Stewart, while 
denying that they designed any violent deed against Johnstone, owned that 
they would not be under any familiarity with him. The council bound 
them to keep the peace under pain of £5000. 4 Sir James, however, was still 
so apprehensive of revenge on the part of Lord Maxwell that he deemed it 
necessary to adopt additional means the better to secure his own and his 
kinsmen's safety. It was impossible to obtain from Lord Maxwell any 

1 Register of the Privy Council, vol. vii. 3 Charters of this work, pp. 77, 78. 

p. 64; Charters of this work, pp. 76, 77. 4 9th July 1605. Register of the Privy 

Council, vol. vii. p. 78. Sir John Charteris 

2 Register of the Privy Council, vol. vii. of Amisfield became cautioner for Herries 
p. 65. [Charters of this work, p. 80]. 



REMISSION TO SIR JAMES JOHNSTONE, 1605. cxlix 

stronger pledge than that then in force. The only other quarter Sir James 
could look to was the government. He therefore made application for a 
remission of all past crimes committed by him and his clan against the 
Maxwells. A remission under the great seal was granted by the king to 
Sir James Johnstone and fifty-nine other persons, nearly all of the surname 
of Johnstone, for art and part in burning the church of Lochmaben, the 
slaughter of John, Lord Maxwell ; and, in the case of Sir James, for breaking 
ward from the castle of Edinburgh. The remission, which extended to the 
lifetime of the parties, is dated at Whitehall, 28th September 1605. 1 

This remission was in the ensuing April followed by a royal warrant 
which in effect was another remission in favour of Johnstone, and shows, 
with the former one, how willing the king was to serve him. The war- 
rant, which is superscribed by the king, discharged his justices to give 
process in any criminal pursuits against Sir James Johnstone and his 
friends and servants for whom he was answerable, for crimes alleged to have 
been committed by them before the month of April 1603 when the king 
repaired to England. 2 Sir James produced this warrant in the High Court 
of Justiciary on 21st January 1607, when the justice depute continued the 
admitting of it to the 4th of February. 3 

On the day after Sir James Johnstone presented the king's warrant in his 
favour to the High Court of Justiciary, he and James Johnstone of Westraw 
were warded upon forty-eight hours' notice in St. Andrews. The council 
who pronounced the order do not appear to have known why he was warded. 
At any rate they place the responsibility of their act upon the king by stating 
that their order proceeded upon instructions from him for causes known 
to him. It does not transpire what these causes were. Nor does it appear 

1 Charters of this work, pp. 79, 80. 3 On 4th February 1C07 Johnstone was 

fined sixteen hundred merks for the nonentry 

2 Pitcairn's Criminal Trials, vol. ii. p. 521. of certain persons for whom he had become 
Warrant subscribed at Whitehall, 6th April pledge and security. [Pitcairn's Criminal 
1606. Trials, vol. ii. pp. 521, 522.] 



cl SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

why Sir James delayed production of the warrant of the previous April, 
referred to, until the 21st January 1607, at this particular juncture. 

The tragic story of the death of Sir James Johnstone by the hand of a 
treacherous assassin which has now to be recorded commences on 4th October 
1607. On that date Lord Maxwell escaped from Edinburgh Castle, 1 where 
he had been warded since the 11th of August for violence and contempt of 
state authority. His escape greatly incensed the king, who immediately 
adopted the most drastic measures to secure his punishment. Lord Maxwell 
being in constant fear of apprehension was compelled to live either in 
concealment or surrounded by an armed guard. His lordship found this 
kind of life anything but desirable. It has been seen in the preceding 
pages that Sir James Johnstone, distrusting Lord Maxwell in his repeated 
assurances and professions of reconciliation, felt that he meditated some dark 
design against him, and only waited a fitting opportunity for putting it in 
execution. The apprehensions of Johnstone were only too well grounded. 
Thoroughly alive to his danger, he adopted whatever means prudence 
dictated for his safety. On the present occasion Lord Maxwell's adverse 
circumstances seemed to present a favourable opportunity for effecting a 
sincere and lasting reconciliation between them, when his lordship might 
reasonably be expected to be more disposed to listen to overtures of peace 
than at another time. 

Probably influenced by these considerations, Sir James sought the media- 
tion of Sir Eobert Maxwell of Spotts, his brother-in-law and Lord Maxwell's 
cousin. He took advantage of Sir Eobert being sent on some errand by 
Lord Maxwell to Lochwood House to request his good offices in effecting an 
understanding between them. Sir Eobert pleaded first that he was sickly, 
then that he was disliked by Lord Maxwell because he had married John- 
stone's sister, and further, that he was disinclined to meddle in their quarrel, 

1 The circumstances of Lord Maxwell's escape are stated in the Book of Carlaverock, vol. i. 
pp. 306-308. 



PREPARATIONS FOR MEETING WITH LORD MAXWELL. cli 

as it was dangerous to have anything to do with Maxwell. However, he 
was soon after able to meet the wish of Sir James. Lord Maxwell sent for 
him, and at their meeting said to him, " Cosine, it wes for this cause I send 
for yow. Ye see my estait and danger I stand in ; and I wald crave your 
counsell and avise, as ane man that tenderis my weill." Sir Eobert replied 
he could hardly give an answer, as the matter was so far past. His opinion, 
however, was that Lord Maxwell should keep himself quiet and not further 
offend his Majesty. After this the conversation turned to the subject of 
Sir James Johnstone, and whether he had been plotting against Lord Max- 
well. The result of what passed was that Sir Eobert wrote to Sir James, 
and received from him a reply, which Lord Maxwell considered satisfactory 
as a basis for a private meeting of Johnstone and himself taking place for 
the purpose of bringing about friendship between them. Sir Eobert exacted 
from Lord Maxwell an oath with his lordship's hand " strekit " in his hands 
that neither he himself, nor his attendant, should do any wrong at the 
meeting, whether they came to an accommodation or not. The meeting 
was arranged to take place in the afternoon of 6th April, beyond the house 
of Beal. Each of the principals was to have one attendant. No other person 
except Sir Eobert, who was to mediate between them, was to be present. 
Lord Maxwell chose Eobert Maxwell of the Tour as his attendant. 

On 6th April Sir James Johnstone set out for the place of meeting, 
leaving his best horse behind him. William Johnstone of Lockerbie had 
come to Lochwood about one o'clock, when Sir James took him out into the 
close and saying to him, " Ye ar velcurn, for I haif ane gritar turne ado with 
you nor evir I had befoir this day," told him he was to meet with Lord 
Maxwell, that he must ride forward to Lytill Lochwood till Sir Eobert 
Maxwell and himself should overtake him, and let no one know where 
he was riding. About a mile from Lochwood they overtook him, and they 
all rode together to Cowart Cross, within a mile of the place where Lord 
Maxwell and Charles Maxwell were " huiffaud " [growing restive] on horse- 



Clii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

back together. Sir Eobert Maxwell now desired Sir James and his friend 
to stop where they were until he returned, or gave them a sign to come 
forward by holding up his napkin upon the point of his riding switch. 
Riding forward to Lord Maxwell he told him that Sir James was coming 
accompanied by William Johnstone of Lockerbie. Sir Robert regretted 
that Lord Maxwell's attendant was Charles Maxwell, from whose character 
he was apprehensive that treachery or mischief might arise. He, how- 
ever, did not . express his apprehensions, but again solicited Lord Maxwell 
to renew his oath of strict fidelity. His lordship having complied, Sir 
Robert left, and when about midway between the two parties, he gave the 
preconcerted signal by holding up his napkin on the point of his switch. 
Sir James and his attendant thereupon rode forward to Sir Robert, who told 
Sir James that Lord Maxwell, accompanied by Charles "Maxwell alone, was 
at the place appointed waiting for them. Sir James declared that he was 
satisfied with Charles Maxwell in preference to any other person, because he 
was John Murray of Cockpool's sister's son. Sir Robert took Sir James's 
oath of fidelity, for himself and his man, as he had done in the case of 
Lord Maxwell, by his hand laid in his, whether an agreement were come 
to or not. 

Johnstone and Maxwell having joined company, the attendants of both 
parties were commanded by their respective chieftains to ride off from 
them and also from each other. Lord Maxwell and Sir James, after 
mutual salutations, rode together, Sir Robert being in the middle, suit- 
ably to his character as mediator between them. Their backs were turned 
to the two attendants, but Sir Robert upon looking behind saw Charles 
Maxwell hurrying towards William Johnstone. Immediately an alterca- 
tion arose. " Gif I had knawn of this tryist," said the former to the 
latter, " the Lord Maxwell nather culd nor suld haif brocht me heir." " I 
hoip in God, Charlis," returned the other in a conciliatory tone, "ye sail 
nocht rew of your dimming heir ! For thir twa noblemen hes bene lang in 



SLAUGHTER OF SIR JAMES JOHNSTONE, 1608. cliii 

variance, and I hoip now thai sail aggrie ! " " The lard of Johnstoune," 
retorted Charles Maxwell in evident irritation, " is nocht able to mak ane 
amendis for the great skayth and injurie he has done to tham." The other 
answered coolly, " The lard will do to his power to satisfie the lord and his 
friends." Charles Maxwell, who was evidently determined to fasten a quarrel 
on his fellow-attendant, became so irritated in temper, that after several angry 
expressions he fired his pistol at William Johnstone and shot him through 
the cloak. In return William Johnstone attempted to fire off his pistol) 
but it would not go off; whereupon he cried out, "Treason." 

Sir Kobert, afraid of the consequences of this sudden attack, endeavoured 
to seize the bridle of Lord Maxwell's horse, but missing it, caught hold of his 
lordship's cloak, which he held with the design of restraining him from any 
act of violence, and •deprecatingly called out, " Fy ! my lord, mak not your 
self a tratour and me baith." " I am wytless," responded Lord Maxwell. In 
the meantime Sir James Johnstone had ridden away, and was making for 
the relief of his attendant, when Lord Maxwell, bursting from the grasp of 
Sir Eobert, hurried after Sir James and fired his pistol at him with fatal 
effect. Sir James was mortally wounded. He kept his seat on the palfrey 
for a short time, but the animal growing restive the girths broke, and Sir 
James fell to the ground. He again staggered to his feet, and while 
William Johnstone of Lockerbie, who had come to his help, was standing 
beside him, Charles Maxwell again fired at them together. William en- 
deavoured to put his wounded chief on horseback, but failing to do so set him 
on the ground, and holding him up inquired what he had to say. Looking 
up to heaven, Sir James said, " Lord have mercy on me ! Christ have mercy 
on me ! I am deceived," and soon after expired. "Come away!" cried Lord 
Maxwell to Charles. " My lord," answered Charles remorselessly, "will ye ride 
away and leave this bloody thief behind you?" " What rak of him," said Lord 
Maxwell, as if his thirst for blood had been slaked by the death of the slayer 
of his father, " for the other has enough." Then they rode away together. 

vol. I. u 



cliv SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

Both in the letters of horning raised against Lord Maxwell and in 
his indictment the bnllets with which he shot Johnstone are stated to have 
been poisoned. The former says Lord Maxwell "schott him in at his 
richt schoulder with baith the saidis twa poysonit bullettis, quhairof the 
ane remanit in his body, and the other was cuttit out at his right pape." 
Besides the bullets alleged by the crown authorities to have been poisoned, 
the evidence also points out that Lord Maxwell and his confederate had 
their pistols cocked and ready for use hidden under their cloaks. 1 Such was 
the tragic end of Sir James Johnstone of Dunskellie, knight. 

Spottiswoode, who epitomised the character of John, eighth Lord Maxwell, 
and stated the feeling which was entertained by many regarding his death at 
Dryfesands, thus both chronicles the character of Sir James Johnstone, his 
rival, and the public reprobation of the crime which deprived him of his life, 
and drops an expression of pity over his untimely end. He says, " The fact 
was detested by all honest men, and the gentleman's misfortune sore lamented; 
for he was a man full of wisdom and courage, and every way well inclined, 
and to have been by his too much confidence in this sort treacherously cut 
off, was a thing most pitiful." 2 

The treacherous murder of Sir James Johnstone as stated in Spottiswoode, 
created a great sensation, and swift and rigorous retribution was demanded 
upon the murderer. Proclamation was at once made against him, and as 
it was rumoured that he purposed to retire out of the kingdom, precautions 
were taken to prevent his escape by sea. Another proclamation was made 

1 Depositions of Sir Robert Maxwell of of Kirkbean and stewartry of Kirkcudbright. 

Spottis, and of William Johnstone of Lock- The charter, which is now at Carruchan, 

erbie. [Pitcairn's Criminal Trials, vol. iii. states that the lands are given for a certain 

pp. 43-47. The Book of Carlaverock, vol. i. sum of money, and also for good, faithful 

pp. 310-313. Register of the Privy Council, and gratuitous services rendered and to be 

vol. viii. pp. 769-773.] Charles Maxwell re- rendered to him by the grantee. [The Book 

ceived from his lordship on the day of the of Carlaverock, vol. i. p. 313.] 

assassination the five pound land of Num- 2 Spottiswoode's History, vol. iii. pp. 191, 

bellie in the provostry of Lincluden, parish 192. 



LORD MAXWELL CONDEMNED TO DEATH, 1609. civ 

to take him alive or dead. The king wrote to the council to make diligent 
search for his resetters. Letters of homing were raised against him by 
Margaret Scott, Lady Johnstone, elder, Sara Maxwell, Lady Johnstone, 
younger, relict of Sir James, and James Johnstone the son, Agnes and 
Elizabeth Johnstone the daughters, and three other near relatives, and also 
by the lord advocate for the king's interest. Proceedings were taken against 
the town of Dumfries and against certain persons for resetting him, and 
in the case of the former, for demonstrating in his favour. 1 

Lord Maxwell baffled all the efforts made to capture him, and escaped to 
France. 2 It was then resolved to try him in absence. On 26th January of 
the following year a summons of treason and forfeiture was issued against 
him to appear before parliament on 12th April to answer for his crimes. 
Homing was relaxed against him that he might be free to appear. 3 Parlia- 
ment met and adjourned. On the 17th June when it again met the summons 
was read, Lord Maxwell was called three times at the tolbooth window by 
the Lyon Herald and his colleagues, and upon his failure to appear the 
execution of his summons was verified. On 24th June the trial was resumed, 
and his lordship was again called three times as before without his appearing. 
Whereupon, the summons was found relevant, witnesses were examined, and 
his life, goods, lands, tenements, dignities, offices, rights, and all other things 
belonging to him, were confiscated. His lands were afterwards parcelled out 
among court favourites. 

Wearied with exile and finding that he was closely searched for in France, 
Lord Maxwell returned to Scotland in March 1612 broken down in health 
with his wandering life. Here, however, he was more closely pursued than 
abroad. A commission was appointed to effect his apprehension, and pro- 

1 Register of the Privy Council, vol. viii. "Lord Maxwell's Good-night." Vide Book 
pp. 70, 83, 85, 86, 90, 169, 500, 769-773, etc. of Carlaverock, vol. i. pp. 314-316. 

3 Register of the Privy Council, vol. viii. 

2 His lordship's flight is celebrated in a p. 781. Book of Carlaverock, vol. i. pp. 316, 
ballad written about that time entitled 317. 



clvi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

clamation was made offering a condign reward to the lasting weal of them, 
and their posterity, who should accomplish it. Finding himself thus pressed, 
Lord Maxwell looked to Sweden for an asylum. His kinsman, George 
Sinclair, Earl of Caithness, offered him the protection of his home, and 
with a deep sense of gratitude he turned thither. The earl, however, with 
great baseness, in order to purchase court favour, treacherously appre- 
hended his unsuspecting ward, after first getting him to leave his castle. 
His apprehension took place in July, and by the instructions of government, 
he was in September brought by sea to Leith, and lodged in the tolbooth of 
Edinburgh, where two persons were to remain with him by day and by night. 1 

So soon as Lord Maxwell was in custody, James Johnstone of Johnstone, 
only son of Sir James, and also Sara Maxwell, the widow, and Margaret 
Scott, the mother of Sir James, petitioned to have the death sentence pro- 
nounced against him put into execution. Upon instructions from the king, 
the council wrote to the petitioners to appear before them, and on 28th April 
1613, James Johnstone, the son, his mother, Sara Maxwell, and Robert John- 
stone of Eaecleuch, tutor of Johnstone, appeared personally and in reply to 
the council insisted upon the execution of Lord Maxwell for the slaughter 
of Sir James Johnstone. Margaret Scott, Lady Johnstone elder, excused 
herself from being present on account of disease and sickness, and craved a 
commission to receive her declaration. A commission having been sent to 
her, she also insisted in terms of her petition. 2 

The council reported what they had done to the king. Their letter, which 
is dated 28th April 1613, is subscribed by the chancellor and seven members 
of the council, and is as follows : — 

" Most gracious Souerane, — According to youre Maiesties directioun, we 
wryte for the laird of Jolrrmstoun, his moder and goode-dame to vnderstand of 
thame gif thay wald persist in the persute of that petitioun exhibite vnto your 

1 Book of Carlaverock, vol. i. pp. 312, 320. Register of the Privy Council, vol. ix. pp. 359, 
360, 461, 744. 2 Ibid. vol. x. p. 29. 



THE COUNCIL'S LETTER TO THE KING, 1613. clvii 

Maiestie in thair names, whairby thai craved iustice to be execute vpoun the for- 
feyted Lord Maxwell for the slauchter of the laite laird of Johnnstoun. Thay 
come all to this burgh and the laird of Johnnstoun with his moder and tutour 
presentit thame selffis before vvs, and declairit that thay wald insist in that persute 
and prosequutioun of that mater according to the tennour of thair petitioun. The 
auld Lady Johnnstoun, through seiknes and inhabilitee of hir persone being vnable 
to compeir before ws, haueing with grite difficultie come to this burgh for this 
same errand, we directit and send the Bishop of Caithnes, the Lord Kildrymmie, 
and lord preuey seale to hir to vnderstand hir will and pleasoure in this mater ; 
vnto quhome scho declairit that scho come heir purposelie for that mater, and that 
scho wald insist, accoirding to the tennour of the petitioun ; sua that now thair 
restis no farder bot youre Maiesteis will and pleasoure to be declairit quhat forder 
youre Maiestie will haif to be done ; wherein althoght the conclusione of youre 
Maiesteis letter beiris that we sould proceid to the administratioun of iustice, 
yitt in respect of a worde cassin in the preface of the lettre, beiring that your 
Maiestie had not as yitt gevin a direct ansuer to thair petitioun, we haif presomed 
first to acquent your Maiestie afoir we proceid ony forder ; and whateuir it sail 
pleis your Maiestie to direct in this mater salbe immediatlie and without delay 
execute. Thair was a petitioun gevin in this day vnto ws be Robert Maxwell, 
bruthir to the said laite lord, with some ofleris to the pairtie ; bot, becaus the 
mater concernit not ws, we wald not mell thairin ; alwyse, we haif heirwith send 
the same to youre Maiestie, to be considderit of as your Maiestie sail think goode. 
So praying God to blisse your Maiestie with all happynes and felicitie, we rest, 
your Maiesteis maist obedant subiectis and seruitouris." 1 

From the above letter it will be seen that the friends of Lord Maxwell, 
aware of his danger, exerted themselves to save him by making a series of 
offers to the Johnstone family on his behalf. These, for the greater effect, 
they desired to be presented by certain ministers of Edinburgh and some 
bishops. The ministers, bishops, and other persons of quality in town whom 
they asked, declined to do so without warrant of the council. Eobert Max- 
well, Lord Maxwell's brother, petitioned the council to direct some Edinburgh 
ministers to make the presentation, and to inform the king that his brother 
was willing to satisfy the offended parties — the Marquis of Hamilton and 

1 Pitcairn's Criminal Trials, vol. iii. pp. 50, 51, 



clviii SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

the laird of Johnstone and their friends, and humbly to submit himself to 
his Majesty. 1 The council did not entertain the petition. The offers there- 
fore probably never came before the family of Sir James Johnstone ; but they 
are of considerable importance, and may be thus summarised : — 

" In the first, Lord Maxwell craves pardon for his offence against God, the 
king, and the surviving relatives of Sir James Johnstone, for the slaughter of Sir 
James. He testifies by oath that the slaughter was not committed upon fore- 
thought felony, or set purpose, but mere accident. For the clearing of this he 
would purge himself by his great oath in public, and he would do what further 
homage was thought expedient. 

" Secondly, he would, for himself, his kin and friends, forgive the slaughter of 
the late John, Lord Maxwell, his father, committed by the deceased laird of 
Johnstone and his accomplices, and give security for the safety of those who were 
guilty either personally or by art and part in that slaughter. 

" Thirdly, as Johnstone, daughter to Sir James, was now left unpro- 

vided with a sufficient tocher, Maxwell was willing, the better to avoid all enmity 
that might arise between the houses of Maxwell and Johnstone, and to establish 
friendship between them, to marry that fatherless daughter without any tocher. 

" Fourthly, he desired that the laird of Johnstone should be married to Dame 

Maxwell, daughter to John, Lord Herries, and sister-daughter to Lord 

Maxwell, who was a person of like age with Johnstone. He also became bound 

to pay to Johnstone of tocher, with his said sister-daughter, 20,000 merks Scots, 

and any additional sum thought expedient by the advice of friends. 

" Lastly, he was content, for the further satisfaction of the Johnstones, to be 
banished the king's dominions for seven years, or longer at the pleasure of the 
laird of Johnstone. 

" The offers were to be augmented at the discretion of common friends to be 
chosen for that purpose." 2 

The king's answer to the letter of the council was an order for the 
execution of Lord Maxwell. It is as follows : — 

"Eicht trustie and weilbelovit cosine and counsellour, and trustie and weil- 
belovit counsellouris, we grete you weel : We haif understood that concerning the 
mater of the lait Lord Maxwell, the partyis interest haif bene before you and haif 

1 Pitcairn's Criminal Trials, vol. iii. p. 52. 2 Ibid. p. 51. 



EXECUTION OF LORD MAXWELL, 1613. clix 

peremptorelie answerit that thay will insist in the persute of justice; but con- 
cerning the other pairt of oure cornmandinient whiche wes to do justice yf it wer 
requirit, we understand nothing hot a delay, which causeth us to wonnder that 
with a persone alreddy convictit and by oure lawis condemned, you sould use suche 
defferring of the executioun of oure conirnandimentis. It is thairfoir oure pleasour 
that you proceede to the dew administratioun of justice in this caise according to 
the ordour, except the pairty interest require a delay or directlie plead for mercye : 
And withall we will and require you that in all tyme comeing in suche materis 
whairin we salbe pleasit to signifie oure pleasour, that you nather borrow nor len 
with oure commandimentis, but directlie proceid to the executioun thairof. Whiche 
persuading ourselff you will do, we bid you fairvveill. At our pallice of Whyte- 
hall, the fourte of May 1613." 1 

On 1 8th May the council issued a warrant for the execution of Lord Max- 
well to the provost and bailies of Edinburgh. By that warrant he was to be 
taken from the tolbooth to the market cross on the 21st and to be beheaded. 
Lord Maxwell was at once apprised of the decision of the king and council. 
On the day fixed upon he was brought to the scaffold, where he acknowledged 
the justice of his sentence, asked mercy from God on account of his sins, 
and expressed the desire that the king would accept his punishment as an 
atonement for his offences, and restore his brother and house to the rank 
and place of his predecessors. He also craved forgiveness first from James 
Johnstone of Johnstone, his mother, grandmother, and friends, whom he 
acknowledged he had wronged, although without dishonour or infamy " for 
the worldlie pairt of it " ; and then from Pollok, Calderwood, and his other 
friends present, to whom he had contributed harm and discredit, instead of 
safety and honour. After giving himself to devotion, and taking leave of 
his friends and the bailies of the town, Lord Maxwell placed his head upon 
the block, and was executed. His lordship was buried in the cemetery of 
Newbattle Abbey. 2 

1 Register of the Privy Council, vol. x. 323. Newbattle Abbey is the property of 
pp. 44, 45. the Lothian family, and it was probably 

2 The Book of Carlaverock, vol. i. pp. 322, through the influence of Margaret Maxwell, 



clx SIR JAMES JOHNSTONE OP JOHNSTONE, KNIGHT, 1587-1608. 

With the death of Lord Maxwell, the great Border feud between the 
Maxwells and the Johnstones, which had raged so long, and with so much 
fierceness and vindictiveness, terminated. Neither of these two great clans 
showed any desire to renew the feud which had cost both so much. Bobert, 
tenth Lord Maxwell, who ultimately succeeded to the honours and estates of 
his brother, being himself peaceably inclined, followed a conciliatory course 
with the Johnstones, and sought in every way to heal the breach between 
them. James Johnstone of Johnstone reciprocated the spirit thus shown 
by Lord Maxwell. Ten years, however, elapsed after the execution of Lord 
Maxwell before a real reconciliation was made. On 17th June 1623, Max- 
well and Johnstone came before the council, and vowed strict friendship 
for the future. 1 

As already related, Sir James Johnstone married, in 1588, Sara Maxwell, 
daughter of Sir John Maxwell of Terregles, knight, and the first Lord Herries 
of the house of Maxwell. One of the most common means taken to allay 
feuds both on the Borders and in the Highlands of Scotland, was that of 
intermarriage between the families of the antagonistic parties. The feud 
between the Maxwells and the Johnstones was the most inveterate of all the 
great Border feuds. There were feuds which occurred during the same period, 
between other Scotch Border families of distinction, which afford an example 
of what is stated. The great houses of Scott of Buccleuch and Kerr of Cess- 

Couutess-Dowager of Lothiau, aud daughter the fifteenth century there was a feud of some 

of John, fourth Lord Herries, that Lord duration between the Maxwells and the 

Maxwell's remains found their last resting- Murrays of Cockpool, ancestors of the 

place there. The opposite sympathies of the Murrays, Earls of Annandale. The origin of 

two Maxwell sisters thus become apparent : the feud is not ascertained. But in the 

Sara Maxwell insisted upon the death of course of it, Cuthbert Murray of Cockpool 

Lord Maxwell, Margaret, her sister, now and his friends waylaid John, fourth Lord 

gave him a place of sepulchre. Maxwell, and slew his erne (uncle) and others, 

1 The feud with the Johnstones, although and did bodily injury to several of his friends, 

the greatest of all Border feuds, is not the Previous to this, Nicol Maxwell, a sou of 

only one which is associated in history with Robert, second Lord Maxwell, was slain by 

the Maxwells, and which proved calamitous the Laird of Cockpool at football. [The Book 

to the Maxwell family. Towards the close of of Carlaverock, vol. i. pp. 150, 151, 159.] 



MARRIAGE ALLIANCE WITH SARA MAXWELL. clxi 

ford were at deadly feud for many years, and their strife was the cause of 
much bloodshed. Great exertions were made to allay it, but without success. 
At length several marriages were contracted between them, and that feud was 
so amicably arranged that no two families on the Borders are in greater 
accord than the Scotts of Buccleuch and the Kerrs of Ferniehirst. 

The same method of composing the serious feud between the Maxwells 
and the Johnstones had early occurred to John Johnstone of that ilk, who 
died on the 8th November 1567, as appears from his testament made in 
the year 1562. He appointed as his executors Nicola Douglas, Lady 
Johnstone, his second wife, and John, Master of Maxwell. The Master was 
variously designated Master of Maxwell, as heir-apparent to his nephew, the 
Lord Maxwell, and Sir John Maxwell of Terregles, knight, from his having 
married Agnes Herries, the eldest of the three daughters of "William, Lord 
Hemes of Terregles, with whom he received a third of the Herries or Terregles 
estate. He also acquired the remaining two-thirds of that estate from the 
younger sisters of his wife, and was ultimately created Lord Herries. As 
warden of the West Marches, he possessed great influence and authority on 
the Borders. He was an ardent adherent of Queen Mary, and conducted her 
Majesty to Terregles on her way to England after the battle of Langside. 
As already related, John Johnstone left his son and heir " in gyding to the 
Maister of Maxwel, and to be counsalit by my Lord Duke Grace," the 
Master of Maxwell and the lairds of Drumlanrig and Elphinstone. Among 
other provisions of his will is the following : — " My said sone and air to 
marie with the maister of Maxwell." His eldest daughter, Dorothea John- 
stone, and her gear, he gave to the Master of Maxwell, who was to provide 
her in marriage, with the profit of the laird of Elschiesheill's escheat. 1 
But it was not until the third generation after John Johnstone of John- 
stone that a marriage was arranged between these rival families, when in 

1 Testament, Minutes of Herries Peerage (1876), p. 47. Annandale Peerage Minutes of 
Evidence, 1876, pp. 46-49. 

VOL. I. X 



Clxii SIR JAMES JOHNSTONE OP JOHNSTONE, KNIGHT, 1587-1608. 

1588, Sir James Johnstone of Johnstone and Dunskellie, knight, was allied 
in marriage with Sara Maxwell, daughter of John, Lord Hemes. The latter 
died in Edinburgh upon the 20th day of January 1582. He made his will 
at Terregles on 26 th May of the same year. His lordship thereby ordained 
his son Edward to pay to Sara Maxwell, his daughter, three thousand 
nierks. 1 Agnes, Lady Hemes, survived her husband and died at Terregles 
on the 14th day of March 1593, having on the previous day made her 
will there. She had several daughters who received special legacies : one 
legacy is to Sara, Lady Johnstone, of " ane gown of black grow grain 
tafntie with aucht ellnes of sating to be ane cloik. . . . Item, to the said 
Lady Jolmnestoun ane pair gold braislatis. She ordainet hir hornets of gold 
to be diuidit amangs her dochteris." 2 

This marriage alliance with the Maxwells, although happy in other 
respects, did not serve to compose the feud between the two families. 
Sara Maxwell, Lady Johnstone, survived her husband, Sir James John- 
stone, who was so cruelly killed by her own chief, John, Lord Maxwell, in 
1G08. As a member of the Maxwell family she might be supposed to have 
every feeling of commiseration for the unhappy position of her Maxwell 
chief as the murderer of her husband. But she, with all her feminine 
tenderness, even after the lapse of years, concurred with her mother-in-law, 
Margaret Scott, Lady Johnstone, as the mother of the unfortunate knight of 
Johnstone, in demanding the execution of Lord Maxwell for his crime; and 
the insisting of these two ladies that justice should be executed upon Lord 
Maxwell appears to have had considerable weight with the government 
in following out the sentence of execution upon his lordship, notwithstanding 
his earnest entreaties for the sparing of his life and the high pecuniary offers 
he made to the children and other relatives of his victim. 

Sara Maxwell, Lady Johnstone, married, secondly, John, Earl of Wigton, 
and thereafter adopted the style of Sara, Countess of Wigton. She married, 

1 Minutes of Evidence in Hemes Peerage (1849), pp. 5G-60. 2 Ibid. pp. 60-62. 



DEATH OF SARA MAXWELL, LADY JOHNSTONE, 1636. clxiii 

thirdly, Hugh Montgomerie, Viscount of Airds, in Ireland. In the second 
volume of this work there is the letter of the Viscount proposing marriage 
to the Countess. 1 There are also two letters of Sara Maxwell, Countess of 
Wigton, written by her at Lochwood. 2 One of these is to her son James 
Johnstone, in 1628, advising him as to Lord Hemes, who, she says, has 
ever been " kittill to deill with." It is not clear to what she refers in her 
criticism of Lord Hemes, unless to negotiations for the purchase of Moffat- 
dale and Evandale, which were proceeding at this time, and which were 
completed, as previously shown, a year later. The other letter is written in 
1632, and is to her husband the Viscount of Airds. It is chiefly taken up 
with the troubles of her daughter, which had brought her to Scotland, and 
in which she was concerning herself. This letter, and one from the Viscount 
to her ladyship, 3 evince the sincere and ardent affection which subsisted 
between husband and wife. 

In addition to the letters now mentioned, there is printed with the charters 
in this work (No. 87, pp. 83-84) a testament of Sara Maxwell, Countess of 
Wigton, dated 22d April 1628, in which she constitutes her three daughters 
her only executors, and leaves legacies to them and to James Johnstone, her 
son. Her last will, however, was made shortly before her death in February 
1636. In this will she appoints her "weil belowed sone," James, Lord 
Johnstone, her only executor and legatee, ordains her body to be buried in 
the abbey of Holyroodhouse, and makes provisions for her two surviving 
daughters, Lady Jane Fleming, and Elizabeth Johnstone, Lady Hamilton. 
She subscribes the will with her hand led by the notary, as she could not 
write herself for sickness. The will is also subscribed by her son, Lord 
Johnstone, and her daughter, Lady Jane Fleming, and also by Sir William 
Hamilton, for his wife, Elizabeth Johnstone. 

As this will made James, Lord Johnstone, her only executor and legatee, 
and took no account of her husband, Hugh Montgomerie, Viscount of Airds, it 
i Vol. ii. of this work, p. 278, 2 Ibid. pp. 2S0, 2S6. 3 Ibid. pp. 284, 285. 



clxiv SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 

might have given rise to controversies in law. To obviate this, the Viscount 
and James, Lord Johnstone, entered into a contract at Edinburgh, on 7th 
April 1636. In this contract the Viscount, remembering the great love 
which was between him and his late spouse, ratified her will, and renounced 
all claim to the bonds, securities, and others which it contained, with 
certain exceptions therein specified, and also all goods and plenishings 
in her dwelling-house at Edinburgh at the time of her decease, or in the 
place of Lochwood, with all jewels, ornaments, and money, and the maills of 
her conjunct fee, liferent, and terce lands of the living of Johnstone. In 
respect of which Lord Johnstone acknowledged the generous behaviour of 
the Viscount, and for himself and his sisters discharged him of all 
goods, jewels, ornaments, and money which might be charged against him, 
and in all actions which might be competent to Lord Johnstone to take 
against him thereanent, as well as of all funeral expenses, and binds himself 
to give up an inventory of her goods. Lord Johnstone also ratified certain 
bonds of provision granted to Lady Jane Fleming. Sara Maxwell, Countess 
of Wigton, died at Edinburgh on 29th March 1636, and was buried in 
the Abbey of Holyrood. 1 The following entry occurs in the Kegister of 
Burials, and shows her interment there : — 

"The twenty-ninth of March this year (1636) died Dame Sara Maxwell, 
Viscountess of Airdes, sister to John, Lord Harreis, and was solemnly interred in 
the Abbey Church of Holyroodhouse. This lady was thrice married, first to Sir 
John Johnstone of the same, and by him had issue James, now Earl of Hartfell, 
Lord Johnstone, and two daughters ; and after his death she married to her 
second husband, John, first Earl of Wigton, and by him had issue one onlie 
daughter ; 2 and after his death she married to her third husband Hugh Mont- 
gomery, Lord Viscount of Airdes, in the Kingdom of Ireland, and by him had 
no issue." 

1 Balfour's Annals, vol. ii. pp. 225-6. died at Newbie, the mansion of her half- 

2 The issue of her second marriage with brother, James, the first Lord Johnstone, on 
the Earl of "Wigton was two daughters, 21st December 1638. [Discharge in Annan- 
Ladies Sara and Jean Fleming. Lady Jean dale Charter-chest.] 



HIS CHILDREN. clxv 

The ceremonial of her interment is recorded by Sir James Balfour, and is 

here subjoined with a few verbal alterations : — 

The funeral of the Countess of Wigfcon was conducted with some state in 
the order following. In the front of the cortege were twenty-four poor persons 
in gowns and hoods, with small staves, on which were displayed her ladyship's 
escutcheons, lozinges, and cyphers, preceded by a conductor in mourning. These 
were succeeded by a horse of state with a crimson velvet woman's saddle, led by a 
lackey in livery : a trumpeter, open : a horse in doole, led by a lackey in mourn- 
ing : the great gumpheon, carried by John Johnstone of Redhall : the standard of 
the three coats of her several marriages carried by Robert Johnstone of Stable- 
ton : the four branches on her father's side, carried chiefly by Johnstones : the 
four branches on her mother's side, carried by John Home, uncle to James, Earl 
of Home, and others : four trumpeters in mourning : four pursuivants : four 
heralds : her coronet, borne on a cushion of black velvet covered with crispe by 
Alexander Maxwell, brother to Lord Herries : the Lyon King-of-Arms and other 
two : the corpse overlaid with black velvet with cyphers, etc., under a pall of 
black velvet adorned with a coronet on a cushion overcrisped and borne by 
twelve gentlemen friends : her daughter by the Earl of Wigton and two ladies 
with their trains carried by three maids in mourning : sixteen ladies two and 
two in mourning, and the multitude from St. Giles' Church to the church of 
Holyroodhouse. 1 

Sir James Johnstone and Sara Maxwell had issue one son and two 

daughters : — ■ 

1. James Johnstone of Johnstone, who was created Lord Johnstone and Earl 
of Hartfell, etc. , of whom a memoir follows. 

1. Agnes Johnstone. Robert Johnstone of Raecleuch was retoured nearest 

agnate or kinsman on the father's side to her, and Elizabeth Johnstone 
her sister. Agnes is not mentioned in the will of her mother in 1628, 
and had predeceased unmarried. 2 

2. Elizabeth Johnstone, who married, as his first wife, Sir William Hamilton 

of Manor-Elieston, Ireland, and had issue. 

A tombstone, erected at Johnstone church soon after the assassination of 
Sir James Johnstone, serves to perpetuate not only the memory of this 

1 Balfour's Heraldic Tracts, 1837, pp. 122-125. 

2 2d April 1628, Charters of this Work, pp. 83, 84. 



Clxvi SIR JAMES JOHNSTONE OF JOHNSTONE, KNIGHT, 1587-1608. 



celebrated Johnstone, but also the cruel and treacherous deed which deprived 
him of his life, and the sweeping condemnation of it which was given by the 
king and parliament. The inscription upon the stone is as follows : — 

" Heir lyis the By* Honorabil S r lames Iohnstone of that ilk, Kny*, 
Depairtit [this life] of 39 zeirs : Qvha vas maist tresonabillie mvrtherit vnder 
traist be the schot of ane pestelat behind his bak be Lord [MJaxvel on the 6 day 
of Apryl, the zeir of God 1608 zeirs. For the crevel mvrther he vas maist 
ivstlie forfatit of his haile landis, his armeis rivene in parlament, and himself 
banischit the Kingis dominiovns for the trason don be him." 

The armorial bearings upon the stone consist of two shields of arms : On the 
dexter side, the Johnstone arms, being the saltire with three cushions in chief. 
At the top of the shield a large S for Sir. On either side in niches an I for 
James Johnstone. On the sinister side the Maxwell and Herries arms, being the 
Maxwell cross and three hurcheons in chief, and three in base, surmounted by a label 
of three points. At the top of this shield is a large D for Dame. On the dexter 
side in a niche a large S for Sara, and on the sinister side a large M for Maxwell. 




sv/w&syTf&T&r 




IKWD 











clxvii 



The Johnstones as Peers of Scotland from 1633. 

XVI,— James Johnstone, Lord Johnstone of Lochwood, 1633, 
first Earl of Hartfell, 1643. 

Lady Margaret Douglas (Drumlanrig), his first "Wife. 
Elizabeth Johnstone (Elphinstone), his second Wife. 
Lady Margaret Hamilton (Haddington), his third Wife. 

1608-1653. 

chapter first. 

Birth of James Johnstone, 1602 — Tutorship of Robert Johnstone of Raecleuch — King James 
interferes in favour of the Minor — Curators appointed, 1617 — Marriage with Lady 
Margaret Douglas, 1622— Resides at Newbie — Purchase of Moffatdale and Evandale — 
Journeys to Edinburgh and London. 

This chief of the Jolmstones having been in possession of the Johnstone 
estates for the long period of forty-five years, acquired more landed property 
and dignities in the peerage of Scotland than any of his predecessors. As 
the head of a great Border clan, and as a loyalist under King James the 
Sixth and King Charles the First in the troublous times of the Covenant and 
the Commonwealth of Cromwell, the memoirs of his life and actions will 
require some detail. But it is not proposed to enter at large on the con- 
tentious questions connected with the covenanting period unless in so far as 
this chief was directly concerned in them. 

James Johnstone was born in 1602. His succession to the Johnstone 
estates in 1608 was in very unfavourable circumstances: he was then only 
six years of age, and owing to the untimely death of his father little or 
no provision had been made for him. The nearest agnate or heir-male on 
the father's side was a distant relative, Bobert Johnstone of Baecleuch. 
He was the eldest son of Bobert Johnstone of Baecleuch and parson of 
Lochmaben, the immediate younger brother of the minor's great-grandfather, 
James Johnstone, younger of Johnstone. The minor having no uncle or 



Clxviii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

grand-uncle, Eobert Johnstone, as his nearest heir-male, in accordance with 
the law of Scotland, was served tutor to hirn on 23rd June 1608. Eobert 
Johnstone, who was also appointed tutor to the two sisters of James John- 
stone, Agnes and Elizabeth Johnstone, on 21st January 1609, 1 from this time 
figures in the family writs as " Eobert, tutor of Johnstone." 

Descended, as the tutor of Johnstone was, from a younger son of the 
Johnstone family, without inheriting any landed property of his own, it was 
considered that he had not sufficient position and influence to conduct his 
tutory in the real interest of the minor. Sara Maxwell, Lady Johnstone, the 
widow of Sir James Johnstone, and a number of the " best friends " of the 
family, at a meeting held in Edinburgh, deliberated upon this matter. The 
minute of that meeting bears, that they knew the weakness of the tutor, and 
that he was neither fit for the government of the " living " nor for the ad- 
ministration of the other affairs belonging to it ; and they foresaw that the 
debt and burdens, amounting nearly to fifty thousand pounds, were likely to 
overthrow and ruin the estate. They consequently made an offer to him 
that if he would quit that office, the mother of the minor would administer 
the living, entertain the minor and his sisters in meat, clothes, and other 
necessaries, keep house for him and his friends, defray his charge in all public 
employments, give him yearly five hundred merks for his purse, and pay 
yearly four thousand merks of the debt. Eobert Johnstone of Eaecleuch 
declined these offers, and took upon himself the office of tutor. 

The peculiar circumstances in which the house of Johnstone was placed 
by the death of the late chief, and the minority of his only son, induced 
King James the Sixth to take a kindly interest in the minor. Between the 
years 1608 and 1611 his Majesty addressed several characteristic letters to 
the lords of council and session, and to Eobert, tutor of Johnstone. These 
letters are printed in the second volume of this work. 2 The import 

1 Annandale Peerage Minutes of Evidence, 1876, pp. 52, 75. 

2 Vol. ii. of this work, pp. 13-16. 



king james's letters in his favour, 1611. clxix 

of the letters was to safeguard the interest of the helpless minor by staying 
all unnecessary litigations against him during his minority, to warn the tutor 
to be careful of the minor's education, and of the welfare and continuance 
of his house, to be honest and faithful in his office of tutory, and not to 
expect or make gain or aggrandisement for himself. To guarantee the 
carrying out of these injunctions, George Home, Earl of Dunbar, Lord High 
Treasurer of Scotland, was appointed by the king to superintend the accounts 
and proceedings of the tutor. The lords of session gave effect to the letter 
of the king, and superseded all civil actions against James Johnstone until 
he was of the age of fourteen years. 1 The timely interposition of the king 
showed a kind solicitude on his part for the preservation of the ancient 
house of Johnstone, and his care and consideration of its youthful repre- 
sentative is highly creditable to him as acting a fatherly part to the father- 
less young chief. 

In one of his letters his Majesty refers to the widow of Sir James having 
been recently married to " a stranger." This lady has been already referred 
to in the memoir of Sir James. Sara Maxwell, Lady Johnstone, survived 
her husband for twenty-eight years, and during all that time she was very 
devoted to the interest of the Johnstone family. Her jointure house at first, 
after the death of Sir James, appears to have been the tower of Lochwood. 
Her ladyship was courted there by John, first Earl of Wigton, and became 
his countess. " Sara, Countess of Wigton," was her usual signature and 
designation, even after her third marriage to the Viscount of Airds. 

An instance of the great advantage which accrued through her to the 
Johnstone family may here be noticed. The deadly feuds between the 
Maxwells and the Johnstones were only too well known, and at first sight it 
seems rather inexplicable how Lord Johnstone, when he was created Earl of 
Hartfell, and Lord Johnstone of Moffatdale and Evandale in 1643, should 

1 Act dated 9th November 161] appended to the original letter in the General Register 
House. 

VOL. I. y 



clxx JAMES JOHNSTONE, FTRST EARL OF HARTFELL, 1608-1653. 

have specially selected those three long cherished Herries and Maxwell 
properties as the titles of his dignities. Hartfell forms one of the high 
mountains of the Moffatdale range, and was for centuries part of the 
extensive territories of the Lords Herries. Evandale was also for centuries 
one of the possessions of the Lords Herries, one of whom, Sir David Herries 
of Avandale, 1464-1484, took his territorial designation therefrom. A letter 
from John, sixth Lord Herries, to Sara Maxwell, Lady Johnstone, his aunt, 
in the year 1609, whom he addresses as his " verie honorable guid ladie and 
loving aint, my ladie Johnistoune, youngair," affords a clue to the apparent 
enigma of the prominent Maxwell-Herries territories becoming not only the 
territorial property, but also affording the territorial designations in the 
peerages of the chief of the Johnstones. In that letter Lord Herries says : — 
" Your ladyschip moist remember it was conditionat no Johnistoune to posses 
that landis, bott sik as I sould onlie be contentit with, your ladyschipis selff 
exceptit allanerlie ; quhilk conditione I sail stand vnto except your ladyschip 
refuis satisfaction." 1 

At a meeting of the privy council, held at Edinburgh, on 25th September 
1612, liberty to go abroad was given to James Johnstone. It is stated in 
the Eegister of the Council in the following curt entry of a single line : — 
" Ane licence past to the laird of Johnnestoun to pas of the countrey." 2 At 
that date the young laird was ten years old, and the licence may have been 
obtained for the purpose of commencing his foreign travels. But no evidence 
has been found of his availing himself of the permission. 

In 1616 James Johnstone of Johnstone attained the age of fourteen. At 
the close of that year he applied to the privy council for the appointment of 
curators. Acting on that application, summonses were issued for the appear- 
ance before their lordships of Eobert Johnstone of Eaecleuch and James 
Johnstone of Thornick or Lochhouse, as two of the nearest of kin on the 

1 Vol. ii. of this work, p. 276. 

2 Register of the Privy Council, vol. ix. p. 464. 



ROBERT JOHNSTONE, TUTOR OF JOHNSTONE. clxxi 

father's side, and of John, Lord Herries, and his brother, Sir William Maxwell 
of Gribton, on the mother's side. 1 On 9th December 1617 young Johnstone 
appeared before the council and made choice for his curators of John, Earl of 
Mar, Eobert, Earl of Lothian, William, Lord Crichton of Sanquhar, Walter, 
Lord Scott of Buccleuch, John Murray of Lochmaben, Sir John Murray of 
Philiphaugh, Sir Archibald Murray of Eddilstone, William Murray of Denerne, 
James Johnstone of Lochhouse, James Johnstone of Westerhall, and Edward 
Johnstone of Eyhill. 2 Among these Eobert, tutor of Johnstone, is not 
included, and indeed very shortly after their appointment the curators called 
for his account of intromissions. 

The accounts of the tutor showing his intromissions with the rent and 
money transactions of the Johnstone estates from the year 1608 to 1617, 
being ten years inclusive, are still preserved in the Annandale Charter-chest. 
The accounts are made up in considerable detail, and show that the tutor, 
during these ten years, had been involved in much trouble in the manage- 
ment of the embarrassed affairs of the minor. The tutor made an attempt 
in 1610 to get the youthful chief out of the charge of his mother, but it met 
with no success, and only roused the friends of the family to keener 
resentment against him as the tutor of Johnstone. One of the Johnstone 
mansionJiouses inherited by the minor from his father was Newbie Tower, 
near Annan. The continued occupancy of that mansion by its former 
Johnstone owners was a source of much difficulty. The tower and estate of 
Newbie were acquired by Sir James Johnstone from them, but they were so 
reluctant to leave the old tower that legal measures had to be resorted to for 
the purpose of compelling them to do so. Sir James, as the purchaser, was 
loth to be hard upon persons of the same name, and, instead of evicting 
them, agreed that several of the children of the previous proprietor should 
be brought up at Newbie along with his own children. That arrangement 

1 Original Summons, 24th December 1616, in Annandale Charter-chest. 

2 Annandale Peerage Minutes of Evidence, 1876, p. 54. 



clxxii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

might have worked well if Sir James himself had survived to carry it out. 
But the tutor was unable to cope with the circumstances, and was subjected 
to much personal annoyance. This appears from one entry in his account 
for the loss sustained by him and " be the frendis of Newbie, in horse, 
steilling of our schiep, hoching of my oxin, cutting of my fischeing nettis, 
cowing of my horse taills, and breking of my multur house, and steilling of 
the scheilling and meill, steilling of my plewches, irnes and plewch graith, 
and layit await for my lyffe ij m m[erkis]." 1 

The discharge or disbursement side of the account of the tutor shows 
that he had taken a good deal of trouble on behalf of the minor in bringing 
Lord Maxwell to justice, and also in making up the feudal titles to the barony 
of Johnstone and various other lands. There is a general charge made by the 
tutor for the entertainment of Janet. Mary, and Agnes Johnstone, daughters 
of the laird of Newbie, for three years at the rate of one hundred pounds, 
besides gowns for the young ladies. 

After these accounts of the tutor were lodged in the Court of Session, a 
litigation ensued regarding their final adjustment, the friends of the minor 
being dissatisfied with the management of the tutor. In one paper relating 
to the accounts, it is stated that for the space of ten years the tutor had never 
all the time of his intromissions furnished to the laird of Johnstone or his 
sisters " worthe the price of ane pair of schoes." He took possessfon of 
Newbie and its tower, and lived there with his family, refusing to give 
it up to the curators. Decree of ejectment, however, was obtained against 
him and his family. 2 But apparently this decree was not executed, as they 
continued there under a permit previously received from Mungo Johnstone of 
Howcleuch, the tutor's brother, who claimed a right to the lands from his 
brother, to remain in the house and mill, etc., till their " elding " was burnt. 3 

1 2000 merks. Original account in Annandale Charter-chest. 

2 29th November 1621. Annandale Peerage Minutes of Evidence, 1878, p. 725. 

3 24th November 1621. Original in Annandale Charter-chest. 



MARRIAGE WITH MARGARET DOUGLAS, 1623. clxxiii 

A submission for a settlement of the questions in dispute was entered into 
in 1621 5 1 but it was only in 1623 that a final agreement was arranged 
by which, in return for a full discharge of all his intromissions as tutor, 
Robert Johnstone of Eaecleuch with his eldest son, and Eobert Johnstone 
of Howcleuch as representing his now deceased father, Mungo, gave up all 
claim to the estate and mansion of Newbie in favour of James Johnstone 
of Johnstone. 2 The tutor himself died in the following year. As we have 
seen, the young chief did not choose any of the kindred of his mother, 
Sara Maxwell, to be curators for him. This shows that the former feeling of 
hostility between the two houses had not yet given place to one of friendship. 

In December 1622 James Johnstone married Margaret Douglas, eldest 
daughter of William Douglas of Drumlanrig, who was afterwards created 
successively Viscount of Drumlanrig and Earl of Queensberry. The marriage 
settlement was arranged at Edinburgh on 27th November of that year, and 
the marriage was to be celebrated before 1st January following. Newbie 
Tower was given as the residence of Margaret Douglas in case she survived 
her husband, with an annuity of six thousand merks, and the tocher given 
with her by her father was eighteen thousand merks. 3 

As already stated at the close of the preceding memoir, it was in the year 
1623, fifteen years after the murder of Sir James Johnstone and ten years 
subsequent to the execution of John, ninth Lord Maxwell, that a reconcilia- 
tion between the Maxwells and Johnstones took place. The credit of bring- 
ing about this most desirable and important event is due to the king. That 
formality and public testimony might be given to the reconciliation, Eobert, 
Earl of Nithsdale, Lord Maxwell, and James Johnstone of Johnstone came 

1 16th March 1621. Charters of this work, great first Earl of Douglas and Mar, who was 
pp. 81-83. owner of Drumlanrig in the fourteenth 

2 22d July 1623. Double of Contract, in century. As will be seen in the memoir of 
Annandale Charter-chest. her son, he was married also to a descend- 

3 Original Contract of Marriage, ibid. ant of the same first Earl of Douglas and 
Margaret Douglas was a descendant of the Mar through the Angus line of descent. 



clxxiv JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

before the council and " choppit hands " in their presence. With a view 
to having every mark of distrust between the parties removed, the king, 
with the consent of both parties, withdrew the exemption formerly granted 
to the Johnstones from the ordinary jurisdiction of the Maxwells. 1 If this 
reconciliation did not at once lead to friendship between these two per- 
sonages, it at least terminated their feud. 

Some years later, however, the Maxwells appear to have been afraid of a 
renewal of the feud by some of the surname of Johnstone, although on 
what ground does not transpire. This is evident from a testificate by Sir 
John Skene, lord clerk-register, that on 15th June 1630, surety and law- 
burrows were found by James Johnstone, William Storie, Eichard Storie, 
John Johnestoun called of Milntoun, and William Johnestoun called of 
Brorne, his servant, that Eobert, Earl of Nithsdale, Lord Maxwell, and fifty- 
eight others, Maxwells, Grahames, Armstrongs, and Bells, etc., and their 
wives, bairns, men, tenants, and servants, should be harmless and uninjured. 2 

The exemption of the Johnstones from the ordinary jurisdiction of the 
Earl of Nithsdale was subsequently renewed on 17th November 1636, on the 
petition of James, Lord Johnstone, to the privy council to that effect. This 
was done, as the council state, for certain considerable respects mentioned 
in the petition. Before granting the exemption, the council having referred 
the matter to the king, his Majesty replied that it was his express will and 
pleasure that Lord Johnstone should have an exemption renewed to him in 
as ample a manner as the former one was. 3 

The accounts of expenses of James Johnstone, kept by his chamberlain, 
show that he visited Edinburgh on 1st June 1629. The journey occupied 
two days, and he remained in the metropolis till the end of July. 4 The 

1 Extract from Register of the Privy Coun- ibid. On the subject of exemption of John- 
cil at Terregles. stone from the Maxwell jurisdiction, further 

2 Original Testificate in Annandale Char- details are given in The Book of Carlaverock, 
ter-chest. vol. i. pp. 335, 336. 

3 Fragment extract Act of Privy Council, 4 Accounts in Annandale Charter-chest. 



PURCHASE OF MOFFATDALE AND EVANDALE, 1629. clxxv 

occasion of this visit appears to have been to carry out the final arrangements 
for the purchase from John, sixth Lord Herries, of the lands of Moffatdale 
and Evandale, which was completed while he was there. It has already been 
noticed, that it was on Sara Maxwell, Lady Johnstone's account, that Lord 
Herries was willing James Johnstone should become the purchaser of these 
lands, and that his lordship had stated that no Johnstone should possess 
these lands but such as he was content with. This was in 1609. Twenty 
years after, on 16th and 18th July 1629, three several contracts were entered 
into between John, Lord Herries, and his son John, Master of Herries, and 
James Johnstone. In the first of these the lands of Moffatdale and Evan- 
dale were sold to James Johnstone for the sum of twenty-seven thousand 
merks. The second contract recites the terms of the previous one, and 
subsumes that only two thousand five hundred and fifty merks of the price 
of the lands had been actually paid, and arranges that the balance be paid to 
certain persons named therein. The third contract contains an assignation 
to James Johnstone of the right of reversion of the lands of Blacklaws and 
Corrifirin, comprehended in the lands of Moffatdale and Evandale. 1 The 
three contracts were subscribed by Lord Herries at Broughton, and by the 
Master of Herries and James Johnstone at Duddingston. Besignation of the 
lands of Moffatdale and Evandale in favour of James Johnstone proceeded 
upon the contract of sale on 24th July 1629, and on the same day Johnstone 
received a crown charter of the lands. Sasine followed upon the charter on 
4th August 1629. 2 John, Earl of Annandale, appears to have had some 
intention to call in question James Johnstone's right to the lands of Moffat- 
dale and Evandale. A summons was issued at the instance of the latter, 
charging the earl to appear before the lords of council and session, and have 
the right of property declared. 3 Nothing further, however, seems to have 
been done in the matter. During his stay in Edinburgh in June and July 

1 Original Contract in Annandale Charter- 2 Inventory of Annandale Charters, ibid. 

chest. 3 Original summons, ibid. 



clxxvi JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

1629, James Johnstone entertained the lairds of Elphinstone and Lamington 
to dinner at Tranent, attended church there, visited the Earl of Wintoun at 
Seton, and spent the night at Elphinstone. He and his wife, who apparently 
was with him, lodged, when in Edinburgh, in the house of John Johnstone. 
In the accounts of his expenses frequent references occur to payments to 
the poor folk " at your honours closeheidde." He often entertained friends 
to supper, not in his own apartments, but in one or other of the taverns of 
the town, and the lairds of Lamington and Lag and the Master of Herries 
were his frequent companions. 

Johnstone was desirous about this time to be appointed to some such 
official post about the Borders as his predecessors had held, so as to maintain 
the prestige of the family, and he solicited to this end the assistance of his 
friend, Sir Eobert Kerr, with the king. Sir Eobert applauding his desire, 
and promising to watch for an opportunity to further it, reminded him that 
he had still youth on his side, and encouraged him to proceed with patience 
and industry, though cautiously. 1 

Johnstone was occasionally, either singly or conjointly with others, 
employed in judicial or justiciary work, a few instances of which may be 
mentioned. On 4th March 1624 he received a commission superscribed by 
the king to be justice for the trial of Thomas Henderson in Corrie, who was 
charged with the theft of sheep. 2 In April 1630 he was requested by 
William Graham, seventh Earl of Menteith, then justice-general of Scotland, 
in his Majesty's name, to attend a justice-court to be held on the 20th at 
Jedburgh. Not only were malefactors to be dealt with, but measures were 
to be taken for preserving the quiet of the country, and this required the 
personal presence of the noblemen and gentlemen of that quarter of the 
kingdom, whereof writes the earl, "yow ar ane speciall." 3 Upon another 

1 Vol. ii. of this work, p. 29. 

2 Original Commission in Annandale Charter-chest. 

3 Vol. ii. of this work, p. 30. 



KING CHARLES THE FIRST VISITS SCOTLAND. clxxvii 

special commission received from the king for the purpose, on 13th July 
of this year, and bearing the royal superscription, he acted as justice along 
with Sir John Charteris of Amisfield, and Sir Eobert Greir of Lag, in the 
trial of two common thieves whom Johnstone had apprehended and com- 
mitted to ward in the pit of Newbie. 1 

In 1631, the year following, probably in connection with a question of 
teinds, Johnstone had a meeting with the Earl of Menteith and Dr. "Walter 
Whyteford, parson of Moffat, in Edinburgh, and entertained them to supper. 
The Earl of Menteith, in addition to other offices, held the position of presi- 
dent of the council. He was at that time at the zenith of his power, and 
the quality of the entertainment was of a very sumptuous kind, as befitted 
such a distinguished guest. 2 

In March following Johnstone made a journey to London, going and re- 
turning doubtless on horseback, by Penrith, Catterick, Boroughbridge, Ferry- 
bridge, Doncaster, Grantham, Huntingdon, Cambridge, and Eoyston. He 
arrived in London on 26th March, and remained there till about the middle 
of May. While in London he visited Mr. Eobert Johnston, the historian, 
and on one occasion went to a play at Drury Lane. 3 

CHAPTER SECOND. 

Welcomes King Charles the First to Scotland — Created Lord Johnstone, 1633 — Appointed 
Border Commissioner — Joins the Covenanters, 1637 — Member of General Assembly at 
Glasgow, 1638 — Trouble with George Buchanan, minister at Moffat — Maintains a horse- 
watch on the Borders — Signs Commission to Sir Alexander Leslie, 1640 — Signs- 
Cumbernauld Bond, 1640 — Attends Parliament, 1641 — His Second Marriage, 1643. 

When King Charles the First resolved to make his first entry into Scot- 
land in the year 1633, William, seventh Earl of Morton, who was a favourite 
with his Majesty, and who was promoted to the office of High Treasurer of 
Scotland, was commanded by the king to wait upon him on the occasion. 

1 Original Commission iu AnuanJale Charter-chest. 

2 Account, 23d August 1631, ibid. 3 Documents, ibid. 

VOL. I. Z 



clxxviii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

The earl, wishing to be accompanied by a number of his noblest and best 
friends, requested Johnstone to do him the honour to come with a dozen or 
sixteen of his friends or servants in good equipage to the hill before Ayton, 
on 12 th June. He also asked him to provide some wild fowl for the king's 
entertainment at Dalkeith. 1 As Johnstone was to receive from his Majesty 
at this time the honour of the peerage, there is no doubt he cheerfully com- 
plied with the requests of the lord treasurer. He probably remained in 
Edinburgh during the sojourn of the king in Scotland, from 15th June to 
18th July. During this time, with a view to honour his coronation, which 
took place on 18th June, in the Abbey church of Holyrood House, his first 
parliament, and the place of his birth, King Charles created one marquis, 
ten earls, two viscounts, and eight lords, besides making fifty-four knights. 
The lords were, Lords Oliphant, Almont, Johnstone, Pitsligo, Balcarres, 
Fraser, Corstorphine, and Kirkcudbright. 2 

The patent of Lord Johnstone, following the usual practice of narrating in 
a preamble the merits of the person ennobled, sets forth that James John- 
stone, his father, grandfather, and others of his predecessors, had performed 
good and eminent services to the king and his progenitors, especially in com- 
missions in the marches between the two kingdoms, and in assisting in the 
suppression of certain rebels and outlaws there. It further states that as 
these services merited some token of royal favour, therefore the king created 
James Johnstone and his heirs-male Lords Johnstone of Lochwood, with the 
rank and dignity of Lords of Parliament. The patent is superscribed by the 
king, and sealed with the great seal at Holyroodhouse on 20th June 1633. 3 

Two years after his elevation to the peerage Lord Johnstone, in conjunc- 
tion with several of the more influential noblemen of England and Scotland, 
was appointed a royal commissioner in reference to the disturbed state of the 

1 23d May 1633. Vol. ii. of this work, p. 31. 

2 Balfour's Annals, vol. ii. p. 203 ; vol. iv. p. 371. The last two are added in the second list. 

3 Annandale Peerage Minutes of Evidence, 1S25, p. 3. 



LORD JOHNSTONE JOINS THE COVENANTERS, 1637. clxxix 

Borders. The commissioners were empowered to hold courts for the trial 
and condemnation of malefactors. 1 In 1635 also, Lord Johnstone was one of 
the jury at the trial of Lord Balmerino. The charge preferred against this 
nobleman was that of speaking against the king and his council and nobility 
in a supplication to the king by certain nobles and others which was found 
in his possession. Lord Johnstone voted against Balmerino at the trial. 
The latter was convicted, and his case was remitted to the king. 2 

Baillie mentions that in the autumn of 1638 Lord Johnstone resented, on 
the part of his country, an act of interference by the mayor of Newcastle, 
which, had it not been promptly redressed, might have precipitated hostilities. 
Some Scottish horse-dealers had, as was their wont, attended Maton fair, but 
in leading their purchases through Newcastle, they were stopped by the 
mayor, and the horses taken from them. In return for this Lord Johnstone 
caused the Borderers to stop all traffic of cattle and sheep into England. 
Meanwhile the Scots represented the business to the Marquis of Hamilton, 
desiring him to take immediate action. Seeing him hesitate, they told him 
that if he did not take action, they would go themselves without delay, 
and fetch not only their own horses, but as many more. Upon this the 
marquis wrote to the mayor of Newcastle, who at once delivered up the 
horses, and traffic was then allowed to proceed as formerly. 3 

In the struggle between the king and his Scottish subjects, which began 
in 1637, and culminated a year later in what is historically known as the 
second reformation, Lord Johnstone joined the Covenanters and displayed 
much activity in promoting their cause. He took his turn in attending as 
a commissioner at the Tables in Edinburgh which represented the Covenanters 
in their negotiations with the Scottish Privy Council. 4 

1 State Papers, Domestic, 1635, p. 510. terians appointed to attend to the interests of 

2 Row's History of the Church of Scotland, the Covenanters. These committees sat in 
Wodrow Edition, pp. 3S6, 387. four different rooms, or at four separate 

3 Baillie's Letters, vol. i. p. 111. Tables in the Parliament House, and from 

4 There were four committees of presby- this circumstance were called Tables. Each 



clxxx JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

In August 1638, at the urgent request of the Earl of Home, in a letter 
of the preceding month, 1 Lord Johnstone came to Edinburgh, and was one 
of those who signed the letter from the Tables on 28th August of that 
year, recommending and directing the presbyteries to choose and send their 
commissioners to Edinburgh for the holding of a General Assembly, the 
king's permission to hold which they expected shortly. 2 Along with other 
lords of the Covenant he subscribed a letter written at this time to the 
Covenanters at Aberdeen by the Tables. The letter is entitled " Eor informa- 
tion to those who hes subscryved the Covenant in Aberdeen." 3 Lord John- 
stone also joined with several other noblemen in a written representation 
and remonstrance to the Marquis of Hamilton, the king's commissioner, 
against forcing of the swearing of the king's covenant contrary to the under- 
taking given by the council. 4 

A list of Covenanters and non-Covenanters in the parishes of the 
presbyteries of Lochmaben and Annan shows that parties were all but 
equally divided, there being 1521 of the former and 1513 of the latter; 
and it is noticeable that in Johnstone, the parish with which Lord Johnstone 
was most identified, the parishioners were all Covenanters, and followed the 
example of their overlord. 5 James, Lord Johnstone, was a member of the 
famous General Assembly held at Glasgow in November 1638. The 
Assembly met in the Cathedral of St. Mungo ; and Lord Johnstone, with the 
other lords of the Covenant, sat with the elders and commissioners from 
presbyteries at a long table on the floor of the cathedral. Lord Johnstone 

Table or committee was composed of four per- whole kingdom. 

sons, and comprised respectively noblemen, 1 Original letter in Annandale Charter- 
gentlemen, burgesses, and ministers. There chest. 

was a Table of last resort or a kind of second 2 Baillie's Letters, vol. i. pp. 471, 472. 

chamber. That chamber consisted of one in- 3 Row's History of the Church of Scotland, 

dividual from each of the four Tables. These p. 497. 

committees acted an important part in public * Records of the Kirk of Scotland, vol. i. 

affairs at this time and proved a powerful p. 91. Balfour's Annals, vol. ii. p. 29. 

organisation, their power being felt over the G List in Annandale Charter-chest. 



CONTEST WITH REV. GEORGE BUCHANAN, 1639. clxxxi 

attended the Assembly in his capacity as an elder from the presbytery of 
Middlebie. He was one of the nobles on the committee appointed to deal 
with the libel against the bishop of Galloway. 1 There were two cases 
connected with this Assembly in which Lord Johnstone had a particular 
interest. Mr. George Buchanan, minister of Moffat, was cited to appear 
before this Assembly, but he declined their authority. He was cited to 
appear before their Commission at Kirkcudbright on 8th February 1639, but 
disobeying this citation also, he was deposed from his charge. 2 

For a time the parish church at Moffat remained vacant, but, upon a 
petition from the parishioners, a young man, Mr. John Leirmont, was proposed 
for the vacancy by the patron. Meanwhile Buchanan obtained letters in his 
own favour from the king, directed both to Lord Johnstone, as patron, and to 
Mr. Piobert Henderson, as moderator of the presbytery of Lochmaben and 
Middlebie, discharging them from proceeding with the proposed settlement 
of Leirmont, and directing them to maintain Buchanan in Moffat. 3 

Lord Johnstone refused to consent to have Buchanan replaced in Moffat 
church, and remained unmoved either by the king's letter to him or by the 
threats made by Buchanan of what he would do in that case. The king's 
letters to Lord Johnstone and the presbytery are dated respectively at 
Berwick on 2d and 13th July 1639. On 16th July the presbytery proceeded 
to ordain Mr. Leirmont. Lord Johnstone was present at the presbytery 
meeting, and, for his own vindication, took instruments that Buchanan had 
presented to them the letter from the king, which they confessed. A few 
days previously, at the presbytery's meeting at Applegirth, he had also taken 
instruments that the parishioners who had come to seek this settlement had 
not done so at his instance, but of their own accord. 4 Mr. Leirmont was 



1 Records of the Kirk of Scotland, vol. i. pp. 109, 151. 

2 Extract Sentence of Deposition in Annandale Charter-chest. 

3 Vol. ii. of this work, pp. 16, 17. 

4 Documents in Annandale Charter-chest. 



clxxxii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1683. 

now settled as minister of Moffat. As the case was to come before the 
General Assembly at its meeting in August, Lord Johnstone prepared a 
statement of the case against G-eorge Buchanan. This statement contains 
a long catalogue of sins and crimes alleged against him. These include 
Sabbath profanation by gathering in the grain to the barnyard, frequent 
drunkenness, refusal to baptize the child of a Covenanter, praying that the 
Covenanters might be converted or confounded, comparing them to Korah, 
Dathan and Abiram, and going to England as an informer against Scotland. 

For these causes Lord- Johnstone asked condign censure on Buchanan. 
Before the case was considered by the church court, additions were made to 
the complaint against Buchanan, including simony, striking his parishioners 
for not taking off their bonnets to him, and instances of drunkenness too 
grotesque for repetition, with various other delinquencies. Buchanan's deposi- 
tion was confirmed by the General Assembly 26th August 1639, because he 
declined to obey the former Assembly and continued in his contumacy. 1 
This parochial contest between the noble patron and the parson of Moffat, 
who rejoiced in the classical name of George Buchanan, was a symbol on a 
small scale of the great national struggle which then engaged the Covenanters 
and anti-Covenanters throughout Scotland. 

From the other case in the 1638 Assembly, in which Lord Johnstone 
was specially interested, it will be seen that Mr. George Buchanan was not 
the only minister of Moffat with whom his lordship had a variance. In the 
accusations against Mr. Buchanan above summarised, it is alleged that he 
was guilty of simony in having procured the benefice of Moffat through 
purchase or otherwise, from Mr. Walter Whytford, the former minister of 
the parish. Lord Johnstone complained of Whytford for obtaining unduly 
leases of teinds of several lands in the parish, and thereby making his 

1 Documents in Annandale Charter-chest. sterling on account of his loyalty and suffer- 
After the Restoration he received, on 22d ings. [Acts of the Parliaments of Scotland, 
May 1661, from Parliament a grant of £100 vol. vii. p. 234.] 



RAISES A REGIMENT. clxxxiii 

lordship pay more than his due proportion of teind duty and other burdens, 
including the rebuilding or repairing of the " Quere " of the church. 1 

Mr. Whytford, who was afterwards made bishop of Brechin, resolved to 
obey the order by the king that the Service Book should be read in all the 
churches, although he was advised by his friends not to do so. He went early 
to the pulpit with his wife and servants, all armed with pistols, etc., and 
closed the church door before many of the people had arrived, and read the 
Service Book. As soon as he appeared again outside_ he was mobbed, and 
was compelled to flee to save his life. He was afterwards deposed on 
several grounds by the General Assembly. 2 

The proceedings of Lord Johnstone both at the Tables and at the Assembly, 
apart from the personal interest he had in the two cases now described, show 
how firmly he agreed with the Covenanters in their ecclesiastical procedure. 
He as actively and zealously assisted them in the measures they were com- 
pelled to take in support of their principles. When forces were being raised to 
meet the English army with which King Charles the First was marching against 
his Scottish subjects, Lord Johnstone raised a regiment in his own country, 
and was placed in command of the Scottish garrison which was set to watch 
the English at Carlisle. This garrison was apparently located at Annan, as 
in the English reports during January and February 1639 Johnstone is said 
to be lying ten miles from Carlisle, but that personally he had been in that 
town a good deal of late viewing it from all parts. 3 About this time the 
Covenanters resolved to surprise and take possession of all the fortresses 
throughout the country which were held by those friendly to the king. The 

1 Documents in Aunandale Charter-chest. Committee of Estates, Johustone at this time 

2 Records of the Kirk of Scotland, vol. i. Maintailled u P° n the Borders for six ™eks * 

pp. 26, 27 ; Baillie's Letters, vol. i. pp. 41, horse watch ' twenty-fonr * °™ber, '» each 
.. ... of whom he paid 24s. Scots per day. In 

August this troop was increased to sixty 

3 State Papers, Domestic, 1638-1639, horse for fifteen days [Account in Annan- 
pp. 3S6, 457. By instructions from the dale Charter-chest]. 



clxxxiv JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653 

castle of Carlaverock, on the Solway, was the only stronghold which they 
failed to get into their hands. The taking of this castle was intrusted to Lord 
Johnstone, to whom the task would be congenial, as it was the principal 
dwelling of his rival the Earl of Mthsdale. Johnstone, who it appears had 
promised some great exploit in the accomplishing of his task, was not to 
blame for the failure which attended his efforts. The castle was strong and 
well kept, and the taking of it would have required cannon, with which 
Johnstone was not provided, and which could not have been brought from 
Edinburgh castle without the cost of too much time and expense. Besides, 
the forces under the command of Johnstone were not so numerous as those 
employed in the defence of the castle. The truth was that the Covenanters 
in resolving to take the castle of Carlaverock miscalculated its strength. 1 

As is well known, the Scots Covenanters, in order to keep on good terms 
with their English fellow-subjects, and to repel the accusations of treason and 
rebellion made against them by the king's advisers, printed their defence and 
circulated it among the English in the form of a pamphlet. Lord Johnstone 
forwarded copies of the pamphlet to the mayor of Carlisle, John Aglionby, 
and also to the custumar, for circulation ; but these they impounded. One of 
Lord Johnstone's colporteurs, however, ventured as far as Penrith on what 
the mayor designates " his saucy enterprise." 2 

It is not clear whether Lord Johnstone and his men went with the Scot- 
tish army which advanced to Duns, in the month of June, or remained to 
guard the western road from England. While the army lay on the Borders, 
efforts were made by certain Scottish nobles of the king's party to draw away 
Lord Johnstone from the Covenanters. In a letter to the English secre- 
tary, Windebank, from his son, who was with the king at Berwick, it is 
stated that the Earls of Boxburgh and Traquair, having been received 
into great favour, had undertaken to bring over to his Majesty's party Lord 

1 Baillie's Letters, vol. i. p. 196. 

2 State Papers, Domestic, 1638-1639, pp. 511-513. 



LETTER BY JOHNSTON OF WARRISTON, 1639. clxxxv 

Home and Lord Johnstone, two personages, he adds, no question of very 
great consideration, if by the power, or rather wills, of their undertakers they 
may be wrested to the king's service. 1 The efforts of the two earls were not 
immediately successful, but they seem to have borne fruit later. They aimed 
at getting Lord Johnstone into personal contact with the king by coming to 
court. But his lordship was dissuaded from this by Mr. Archibald John- 
ston of Warriston, who wrote to him on 2d January 1639 as follows : — 

" Rather do nobly, as my lord of Montrose has done, who having received a 
letter from the king himself to go up with diligence to his court, convened some 
of the nobility, showed unto them both his particular affairs and the king's com- 
mand, and that according to his covenant of following the common resolution, and 
eschewing all appearance of divisive motion, nobly has resolved to follow their 
counsel, and has gone home to his own house, and will not go to court at all." 2 

In August 1639, Lord Johnstone probably attended the Assembly as a 
member, as well as in pursuit of his action against George Buchanan. He 
certainly attended the parliament which was held at Edinburgh at the same 
time, and at the riding of it a dispute seems to have arisen between him and 
Lord Kirkcudbright, who was obliged to ride behind Lord Johnstone, but 
who protested in parliament for his right to take precedence of him. 3 

In the following year, 1640, when the Covenanters found it necessary to 
reassemble their army, Lord Johnstone was one of the estates who signed the 
commission to Sir Alexander Leslie of Balgony to be lord-general of all the 
Scottish forces. 4 He was present at the meeting of the parliament held in 
June, and was appointed on a committee to consider the commissariot of the 
army. 5 He apparently then went home to prepare for the campaign, and 
from English sources we find that he was expected to bring a contingent of 

1 State Papers, Domestic, 1639, p. 268. 4 The Melvilles, Earls of Melville, and the 

2 Montrose and the Covenanters, by Mark Leslies, Earls of Leven, vol. iii. pp. 164-166. 
Napier, vol. i. pp. 300, 301. 

3 Acts of the Parliaments of Scotland, 5 Acts of the Parliaments of Scotland, 
vol. v. pp. 251, 254. vol. v. pp. 258, 264. 

VOL. I. 2 A 



clxxxvi JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

eight hundred men to Jedburgh on July 15 th. A fortnight later he was 
at Hawick, but was obliged to return home, as were also the Earls of Loudoun 
and Argyll, to take measures for protecting the country against a threatened 
invasion of the Irish. Two weeks later, on August 12th, he is reported to 
have come to Jedburgh with five or six thousand men, but whether foot or 
cavalry the narrator could not say. 

On the 17th of that month Lord Johnstone was at Lochwood, where he 
made his will and settlement of his affairs, being " now, God willing, purpoisit 
to go on with the armie whithersoevir the samin is boun," and that he might 
be ready to " encounter death whensoevir at the pllesour of God it sail 
hapen." He had then two sons and four daughters, whose names he 
mentions, and for whom he says he has that day made provision. 1 He made 
a new will at Edinburgh on 25th November following in the same terms, 
only adding a reference to the portions that might fall to the younger 
children in the event of the decease of their mother, Lady Margaret Douglas, 
as well as of himself. 2 In both these wills he appoints that, wherever he 
might die, his burial should take place within the kirk of Johnstone, his body 
being transported thither. He also appoints tutors for his children. 

In the same month of August, however, Lord Johnstone was at Cumber- 
nauld with Montrose and some others, who there entered into a mutual 
bond of defence, which was undoubtedly undertaken in the interests of King 
Charles and against the Covenanters. Lord Johnstone signed the Cumber- 
nauld Bond, as it was called ; 3 but as the transaction soon afterwards came 
to light, and was dealt with as treasonable and publicly burnt by the parlia- 
ment, the bonders were obliged in January 1641 to sign a declaration that 

1 Annandale Peerage Minutes of Evidence, the Covenanters," vol. i. pp. 325, 326, and 

1881, p. 1055. "Memoirs of the Marquis of Montrose," vol. i. 

pp. 209 n., 270. The other subscribing 
Original in Annandale Charter-chest. ^^ ^ ^ bond besides Lord Johnstone 

3 The Cumbernauld Bond is printed in full are Montrose and seventeen other friends of 
by Mark Napier in his works " Montrose and Montrose. 



LORD JOHNSTONE ATTENDS THE PARLIAMENT OF 1641. clxxxvii 

they had done so under a misapprehension, and that they not only were not 
accessory to any other bonds save the National Covenant, but would also 
eschew all occasions which might give cause of offence to the public. 1 

Lord Johnstone did not accompany the Scottish army into England 
which immediately after entering was engaged in the battle of Newburn 
and capture of Newcastle. These events were followed by negotiations 
for peace, which were protracted for a year, during which the Scots 
retained possession of Newcastle, and the greater part of the nobles who had 
accompanied the expedition were free to return to their parliamentary and 
other duties. As already noticed, Lord Johnstone was in Edinburgh in 
November 1640, and in the January following he was present at the meeting 
of parliament. Lord Johnstone attended several other meetings of the 
parliament during the year 1641, over the principal of which the king 
presided. This parliament began on 15th July and continued until 17th 
November, and was an eventful one. During the session Lord Johnstone 
was employed in various ways. On 28th July he was placed upon the 
committee for bills, and also upon another committee of six of each of the 
estates, who were directed to deal with the cases of the " incendiaries " then 
in ward, of whom the Earl of Montrose was one. Later, on 14th September, 
he joined with the Earls of Annandale and Queensberry and others of his 
neighbours in petitioning the parliament not to allow Cochrane's regiment, 
which had been placed at Dumfries for the defence of the Borders, to be 
removed under the General Disbanding Act. To this petition two days later 
the parliament replied by binding over the petitioners to keep the country free 
from injury from the garrison of Carlisle, and Cochrane's regiment was ordered 
to proceed to the Borders, and to get four days' provisions from the country 
for their march. Before the parliament rose, Lord Johnstone himself tendered 
a petition for the payment of the " officers of fortune " who had served in his 

1 Baillie's Letters, vol. ii. pp. 46S, 469. Those subscribing this declaration were Montrose, 
Johnstone, and ten others. 



clxxxviii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

regiment during the campaign, which was at once given effect to, parliament 
ordering that these officers in Lord Johnstone's regiment should have full pay 
given them. On an earlier application to the committee for the army, some 
question was raised as to the power of the committee to do what Lord John- 
stone asked, while they thought he should explain his not going out with the 
army, and other points in his petition. The account presented to the com- 
mittee of estates of the payments due to his regiment for eight months, from 
December 1639, mentions one lieutenant-colonel, one major, two captains, 
three lieutenants, and two sergeants. The total of two parts of the pay of these 
officers for the time stated is £3756, 6s. 8d. Of this sum the public are held 
to be liable only for the months of December 1639 and January 1640, and 
the remainder is charged against the shire. There is a charge for a horse 
watch kept upon the Border by Johnstone in 1639, numbering twenty- 
four, for. six weeks ; and also for another horse watch, consisting of sixty 
horse, kept by Johnstone on the Border for fifteen days. There are also 
statements of pay to the regiment from 1st August 1640 to 1st September 
1641, "being threttein moneths at the lyik pay as the officers was pyed in 
England." These include payments for a colonel, a lieutenant-colonel, two 
captains, seven lieutenants, seven ensigns, fourteen sergeants, six captains-at- 
arms, fourteen drummers and pipers, one minister, one quartermaster, one 
"scriver," one drum-major, and one provost-marshal. The sum due to 
Johnstone for the pay of these for the thirteen months is given as 
£29,181, 8s. 4d. The account was still unpaid in 1648. On 14th January 
of that year a sub-committee, to whom it was remitted, reported to the 
committee of estates that they had taken the Earl of Hartfell's word of 
honour that the number of officers and their pay were correctly stated in 
the account. The account was thereupon declared a public debt due by the 
kingdom to the Earl of HartfelL 1 

1 Account in Annandale Charter-chest. Acts of the Parliaments of Scotland, vol. v. 
passim ; Balfour's Annals, vol. iii. pp. 2, 5, 22, 44, 65, 160, 165. 



HIS SECOND MARRIAGE, 1643. clxxxix 

Lord Johnstone was married to his second wife, Elizabeth, daughter of 
the late Sir Samuel Johnstone of Elphinstone, Knight Baronet, in 1643. 
The contract of marriage, which is entered into between James, Lord John- 
stone of Lochwood, and Dame Elizabeth Johnstone, is dated at the Canongate 
on 6th March of that year. It provides for the celebration of the marriage 
between the date of the contract and the 1st of May following. Lord John- 
stone obliged himself to infeft Elizabeth Johnstone in the liferent of the 
mains of the barony of Newbie, with the tower thereof, and also in an 
annualrent of 2500 merks out of the lands and barony of Newbie and lands 
of Dunskellie, or out of any part of the same, at the option of Elizabeth 
Johnstone, who accepts the same in lieu of all other liferent and conjunct 
fee, and of all terce lands and third of movable goods that may fall to her 
through the death of Lord Johnstone, and she appoints him her cessioner 
and donator in all bonds and obligations granted to her, and in all goods and 
plenishings pertaining to her, with power to him to use and dispone the same. 1 



CHAPTER THIRD. 

Lord Johnstone created Earl of Hartfell, 1643 — Montrose's Raid on Dumfries, 1644 — 
Hartfell warded in Edinburgh — Liberated on payment of £1000 sterling, 1645 — 
Joins Montrose at Philiphaugh — Trial at St. Andrews, December 1645 — Sentenced to 
death — His life saved by Argyll — Remission of balance of his fine. 

Although in a formal manner Lord Johnstone dutifully acknowledged the 
bounty of the king in bestowing on him the peerage of Lord Johnstone of 
Lochwood, his lordship considered he was entitled to a higher dignity of 
honour. This appears from his correspondence with Sir Eobert Kerr of 
Ancram, who was created Earl of Ancram at the same time that Johnstone 
was created Lord Johnstone. Lord Ancram, who was a favourite of King- 
Charles the First, and held office at court, recommended Lord Johnstone to 
1 Original Contract in Annandale Charter-chest. 



CXC JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

have patience, especially as his Majesty had so recently " shutt his hand," 
and that his lordship was too long in starting. 1 In another of his letters Lord 
Ancrani adds that if it were in his power, Lord Johnstone should be " at the 
topp off honour ; " but the king was not of the humour to do things so, and 
must have time to be solicited and consider of matters before he do them. 2 

After a lapse of ten years, Lord Johnstone was advanced in the peerage to 
the dignity of Earl of Hartfell, Lord Johnstone of Lochwood, Moffatdale, and, 
Evandale. The patent of the creation of these peerages, which passed under 
the great seal and is superscribed by the king, is dated at the king's palace at 
Oxford, on the 18th of March 1643. The patent narrates the previous patent 
of Lord Johnstone, dated 20th June 1633, and recites the " many conspicuous 
services " referred to therein. It further narrates that Lord Johnstone, since 
receiving that patent, had remained true and faithful in his duty to his 
Majesty, and had shown sufficient proof thereof, so that he had given the king 
the greatest satisfaction, and thereby consulted the peace and prosperity of 
the realm of Scotland. His Majesty, therefore, with a view to stimulate and 
encourage him and his heirs to persevere in the performance of such excellent 
services, created him, and his heirs-male, Earls of Hartfell, Lords Johnstone 
of Lochwood, Moffatdale, and Evandale. 3 As already stated, these new 
honours were all taken from territories which had for ages been conspicuous 
possessions of the noble families of Maxwell and Hemes. This fact fur- 
nishes a striking instance of the vicissitudes to which all families are 
more or less subject. In the present instance, the son and successor- of Sir 
James Johnstone, who was slain by Lord Maxwell in 1608, within less than 
a quarter of a century, acquires, by equitable purchase from the Lord and 
Master of Hemes, some of the oldest possessions of that distinguished house, 

1 Vol. ii. of this work, p. 290. 5, 6. The original patent was delivered to 

2 ivj oi qo *^ e -^ ar ^ °^ Hartfell by John, first Earl of 

• pf' ! -• Loudoun, chancellor, on 2d June 1643. [Ex- 

3 Charters of this work, pp. 88-90 ; Annan- tract Act of Privy Council in Annandale 
dale Peerage Minutes of Evidence, 1825, pp. Charter-chest.] 



THE TITLES OF HARTFELL, MOFFATDALE, AND EVANDALE. cxci 

and in a few years later obtains from King Charles the First the earldom of 
Hartfell and the lordships of Moffatdale and Evandale. 

When William Douglas, Viscount of Drumlanrig, was advanced in 1633 
to be Earl of Queensberry, he took his new designation from Queensberry 
Hill, in Dumfriesshire, which from its summit, 2285 feet above sea level, 
commands extensive prospects both in Annandale and Nithsdale, and is 
itself a commanding object for many miles around. 

The titles of Hartfell, Moffatdale and Evandale were happily selected. 
Hartfell is 2651 feet above the level of the sea and is one of the loftiest 
heights in the Moffatdale range of mountains, which are the highest in the 
South of Scotland. The dale through which the Moffat water runs to its 
junction with the Annan is known by the name of Moffatdale, and is 
remarkable for its wildness and beauty. Near the centre of the dale there 
issues from Loch Skene one of the finest cascades in the country, popularly 
known as the " Grey Mare's Tail " from the white appearance of the water 
dashing down like foam from the high hill of Corrifin on the north side of 
the valley The mountains of Moffatdale contain many recesses or caves, 
which were places of hiding and shelter in the times of religious persecution. 
Sir Walter Scott in his novel of " Eedgauntlet " and other works makes 
reference to the high hills of Moffatdale ; and the Ettrick Shepherd's romantic 
tale of " The Brownie of Bodesbeck " is well known. Evandale also inspired 
the Muse of Wordsworth in a beautiful ode to Avon water. One of the 
large ranges in Moffatdale is Polmudie or Polbuthie, a large grazing farm. 
After one of his famous battles, in which the good Sir James Douglas did 
great service to Bruce, the king granted him a charter of these lands. The 
original charter is still preserved in the Douglas charter-chest, and by the 
courtesy of the present Earl of Home, a lithograph of it is given in the 
present work. 1 

In 1644, the year following his advancement in the peerage, the Earl of 
1 Charters of this work, p. 8. 



CXCii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

Hartfell's loyalty to the king and his separate loyalty to the covenanting 
party were put to the test. The king had broken with the English parlia- 
ment, and the parliament of Scotland resolved to side with the parliament of 
England. In the beginning of January the earl attended the meeting of the 
Scottish parliament. This parliament authorised the despatch of the Earl of 
Leven to the Borders to lead the Scottish army into England. It also 
appointed the Earl of Hartfell to be colonel within the bounds of the 
Stewartry of Annandale, and recommended him to have a special care to 
preserve the peace of that country. 1 The earl appears to have been residing 
at Newbie Tower, when, in the middle of April, Montrose, now acting for 
the king as his lieutenant-general in Scotland, made a clash across the 
Scottish Border and unfurled the royal standard in Dumfries. But this 
move was a rash one on the part of Montrose, as he was immediately there- 
after obliged to retreat to Carlisle. 

The Earl of Hartfell was certainly connected with this hasty raid by 
Montrose, and he was thereby brought into trouble with the estates. There 
are two versions of the story of his connection with it. Montrose declared, 
and Captain John M'Culloch afterwards confirmed his declaration, "that he 
had assurance from the Earl of Hartfell of his assistance and raisins; the 
country in his favour, but that the earl deceived him, having promised from 
day to day to draw up his men, and yet did nothing but proved the traitor ; 
and further he said he thought to have betrayed him by drawing him to his 
house." In sending his report to the king by Lord Ogilvy, who was taken 
prisoner by the way, Montrose charges him to inform his Majesty of the 
carriage of Hartfell and others, " who refused his Majesty's commission 
and debauched our officers ; doing all that in them lay to discountenance 
the service and all who were engaged in it." 2 Guthrie, too, mentions the 
Earl of Hartfell as being at this time a favourer of the royal cause. 3 

1 Acts of tbe Parliaments of Scotland, vol. vi. part i. pp. 60, 61, 63, 69, 70, 73. 

2 Napier's Memoirs of Montrose, vol. ii. pp. 400, 407. 3 Bishop Guthrie's Memoirs, p. 126. 



ARRESTED BY THE COMMITTEE OF ESTATES, 1644. cxciii 

Montrose, with his ardent temperament, was no doubt keenly chagrined 
in being baffled in his first attempt to raise the royal standard under his 
commission from the king. On his retreat from Dumfries he reported to 
the king, as already shown, that Hartfell had refused to recognise his 
Majesty's commission to Montrose. But Hartfell was not the only nobleman 
who failed to join Montrose in his hurried attempt to raise the royal standard 
immediately on his receiving the royal commission. Although Montrose, in 
his report to the king about the Scotch noblemen who " stumbled his service," 
mentions Hartfell first, his name is followed by those of Morton, Eoxburghe, 
and Traquair, as having also refused his Majesty's commission and debauched 
his officers. Montrose likewise reported to the king that the Earls of 
Crawford and Mthsdale crossed his business and abused him, to the great 
scandal and prejudice of the service. The Earl of Hartfell was thus in goodly 
company in the alleged charge against him of refusing to support Montrose 
as the king's lieutenant-general in Scotland. 

In vindication of himself, the Earl of Hartfell denied the charges which 
Montrose made against him, and affirmed that on his invasion Montrose sent 
a party to Hartfell's house to seize him, and that he with great difficulty 
escaped. He also pointed to the intercepted instructions of Montrose as 
evidently showing what his carriage was at that time and how much he was 
disaffected to that way. 1 

In the conflict of evidence the committee of estates, who found it needful 
to adopt stringent measures in the circumstances, arrested the Earl of Hartfell 
and also the laird of Amisfield and the provost of Dumfries. This was in the 
middle of May, and before they had heard Captain M'Culloch's narrative or 
received the intercepted letters, so that they must have acted on separate 
information. The earl was placed in ward in Edinburgh Castle. On 3rd June 
the estates remitted his depositions to the parliament. When parliament met 
in June 1644, he petitioned the house either to be put to trial, or to be set at 

1 Petition of Earl of Hartfell, c. 1G46, in Annandale Charter-chest. 
VOL. I. % B 



CXCiv JAMES JOHNSTONE, FIEST EARL OF HARTFELL, 1608-1653. 

liberty. At the same time several lords and gentlemen asked permission to 
visit the earl. On the 19 th of that month, he again petitioned to the same 
effect, stating that he had now been in prison for five weeks. Two days later 
the house held the petition to be reasonable, and ordained the earl and the 
laird of Amisfield to be put to trial, as soon as the affairs of the parliament 
would permit. On 2d July, three members of each of the three estates, 
including the Marquis of Argyll, were appointed to try them and the provost 
of Dumfries. On the following day permission was granted to the Countess 
of Hartfell to remain with her husband in the castle during the pleasure 
of the parliament. 

No further progress was made with his case, and the earl, fearing lest the 
house should terminate its labours without overtaking his trial, and thus 
continue him a prisoner, again, on 18th July, petitioned parliament to sub- 
stitute another nobleman for Argyll on the committee (who was probably 
too busy to attend to it), or that he might be liberated on sufficient caution 
before the close of the session. To the former the house agreed by naming 
the Earl of Dunfermline in place of the Marquis of Argyll, and ordained the 
committee to meet next day at 7 a.m. But the ordinance appears to have 
been disregarded, for on the 24th a new petition was presented by the earl, 
desiring to be put to a trial, or freed from prison, and warded within a mile of 
Edinburgh. The house at first continued him in prison, and, as they had 
found matter of procedure against him, ordered his process to be made, 
and him to be summoned and put to trial. But a few days afterwards, 
finding they could not overtake the trial, as they rose on the 29th of July, they 
acceded to the last part of his petition, aud remitting the trial of his case to 
the committee of estates, they warded him within the city of Edinburgh and 
two miles around, under caution of one hundred thousand pounds Scots to 
keep his ward and appear before the committee of estates, when re- 
quired. His cautioners were the Earls of Morton, Boxburghe, Annandale, 
and Southesk, Batrick, Lord Elibank, and Sir John Dalziel of Newton, 



CONFINEMENT IN THE CASTLE OF EDINBURGH. CXCV 

whom he obliged himself to relieve in case he contravened the terms of 
his liberation. 1 

Seven months elapsed before parliament again took up the case of the 
Earl of Hartfell. His lordship, however, from some unascertained reason, did 
not during the whole of that time enjoy the restricted liberty granted him by 
parliament to which allusion has just been made. He was confined to the 
castle of Edinburgh at least from 27th October to 18th December. This 
appears from a memorandum holograph of the earl preserved in the Annan- 
dale charter-chest containing these two entries : — " My wyfe entered to the 
castlle wpone Mondaye being 27 October and remained with me to ij 
November." " I wes relesed frome the castlle 1 8 December." In addition 
to these particulars there are in the same memorandum entries referring to 
payments made by the earl to the soldiers and porter during this period. 

These may also be quoted here : — 

"Item, to remember the sojaers is payd to the 1 November 1644, and maister 
poirter to the afoirsaed day. 

" To remember the sojers is payed be Hew Scotte to the 1 November, and 
lyekways the maister porter. 

" Item, from the 1 November to the xv, bothe sojers and maister porter is payed 
be William Lithe, and thatt samne day Will: Litlle goote frome me 10 dollors. 

" Item, geuine to him att thatt samne tym 1 dollors. 

" Item, the maister porter and sojers ar be him [payed] other fourteine days 
from the xv November to the xxix thereof. 

" Item, the maister porter is payed by him other fourteine days from the xxix 
of November, being Fraydaye, to the xiij of December, being Frydae, and lyckwys 
the sojers. Geuine to William Litlle thatt day 10 dollers." 

The only instance of the Earl of Hartfell leaving the town during the 
seven months referred to was on the occasion of a visit to Lord Elibank at 
Ballincrief in East Lothian, for a few days in January of the following year. 

1 Acts of the Parliaments of Scotland, vol. vi., part i. pp. 136, 233. Balfour's Annals, 
vol. iii. pp. 176, 1S9, 191, 203, 224, 234, 241. 



CXCVl JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

For this visit he obtained on the 1 7th of that month a permit from parlia- 
ment. Lord Elibank was supposed to be dying, and some business 
arrangements affecting the earl required his personal attendance. Parliament 
was now again in session, and towards the end of February the Earl of Hart- 
fell's case came before them, on. a report by the committee of processes, which 
showed that he desired to be heard before a committee of two of each of the 
estates of parliament. To this the house agreed, and the committee having 
at once heard and reported the case, parliament accepted the declaration and 
offers made by the earl, and liberated him. The earl's declaration was as 
follows : — 

" That whereas he had bene misconstrued and doubted of his affectione to the 
publict and to the good caus, yit he had not done anything which he conceaved 
might have ather bred or interteaned such jelousies. And now to testifie his 
reall affectione to bothe, and to the effect these jelousies might be removed, he 
did voluntarlie make offer of ane thousand pund sterling to be payed to the vse 
of the publict, and (in the optioun of the parliament) that he should ather find 
caution or act himselfe and his sone for his good behaviour in tyme comeing 
under what paine the estates of parliament should thinke fitt." 

This the committee thought reasonable and safe, and after a debate the 
parliament, on 3d March 1645, ordained the earl, besides the payment of 
the £1000 sterling, to find caution in £100,000 Scots for his future good 
behaviour and good carriage, and that he would not do nor be accessory to 
the doing of anything to the prejudice of the estates of the kingdom and the 
peace thereof, but would be assisting thereto to the utmost of his power 
against the enemies of the same. Thereupon the earl was dismissed and 
granted freedom. His cautioners on this occasion, whom he obliged himself 
to relieve, will be mentioned afterwards. Balfour says that not only the 
earl, but also his son was set at liberty on these terms. 1 

1 Acts of the Parliaments of Scotland, vol. vi. The son referred to by Balfour was probably 
part i. pp. 94, 136, 233, 292, 338, 367; James, Lord Johnstone. William Johnstone, 
Balfour's Annals, vol. iii. pp. 255, 2S5, 287. the earl's second son, had been incarcerated in 



JOINS THE MARQUIS OF MONTROSE AT BOTHWELL, 1645. cxcvii 

Soon after being set at liberty the Earl of Hartfell went to Douglas 
Castle, and there arranged the marriage of bis eldest son, James, Lord John- 
stone, to Lady Henrietta Douglas, daughter of William, first Marquis of 
Douglas. 1 Later, in the end of July, he attended a meeting of parliament 
which was held at Perth, probably on account of the plague then raging in 
Edinburgh. But this parliament did not sit beyond the first week of August, 
and the earl then probably returned home. 2 

Meanwhile the Marquis of Montrose had been pursuing his campaign in 
the north of Scotland as the king's lieutenant, and had with wonderful 
rapidity gained successive victories over all the armies sent by the Scottish 
parliament against him. He now descended upon the south and west of 
Scotland, and paralysed the country by bis crowning victory at Kilsyth on 
15th August 1645, which placed all at his mercy for the time. Both Glas- 
gow and Edinburgh submitted, and when Montrose set up court at Bothwell, 
he demanded and received, in his master's name, the allegiance of the noble- 
men, barons, and others around. The Earl of Hartfell came thither with 
others and submitted to him. 3 Not only so, but he accepted a commission 
from him, Baillie says, to raise men in the king's interest ; 4 and he is men- 
tioned as actively exercising authority with other noblemen under Montrose, 
such as granting a protection to the parish of Lesmahago, and another to the 
burgh of Jedburgh, and demanding, by a subscribed letter to the governor of 
Carlisle, under threats of vengeance, the release of the Earl of Queensberry, 
who was then imprisoned there as a royalist. 5 He went with Montrose to 
the Borders in September, and was present, on the 13th of that month, at 

Edinburgh castle the previous year at the May 1645, Annandale Peerage Minutes of 

same time as his father. On 3d June 1644 Evidence, 1S77, pp. 576-579. 

he was allowed by parliament to retire home, 2 Balfour's Annals, vol. iii. pp. 298-307. 

for such necessary affairs as concerned his ,„.,,, . , ,, , .. 

c .. , . , .. . . ... , ,. „ J iNapiers Memoirs 01 Montrose, vol. 11. 

lather or him, and that notwithstanding or r 

any act to the contrary. [Acts of the Parlia- * ' 

ments of Scotland, vol. vi. part i. p. 94.] 4 Baillie's Letters, etc., vol. ii. p. 314. 

1 Contract, dated at Douglas Castle 29th 6 The Douglas Book, vol. iii. pp. 330, 331. 



CXCviii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1G08-1653. 

Philiphaugh, where Montrose and his followers, having heen caught napping, 
as Napier admits, were within a month after the victory at Kilsyth defeated, 
and overwhelmed with disaster. The Earl of Hartfell escaped from the field, 
but was seized in his flight by the country people, and delivered to the forces 
of the parliament. 

The earl was sensible that in acting with Montrose he had incurred the 
penalty of the bond for his good behaviour, which he had granted in the 
previous March. But he says that, in accordance with it, he " did indevour, 
and wold haue continowit to [have] behaved my selff as a good patriot, if the 
fear of a prevaileing enemie haid not involued me, with too many otheres, 
eftir the wnhappie conflict at Kilsythe, in the desertione at that tyme." 

The trial of the Earl of Hartfell took place at the meeting of parliament 
at St. Andrews in December 1645. Along with certain other prisoners the 
earl presented a petition on the 4th of that month to the parliament, desiring 
that their trial should not be before a committee of processes, as was pro- 
posed, but in full parliament, at least that they might be tried by their peers, 
or by the justice-general; and several exceptions were taken against Sir 
Archibald Johnston, Lord Warriston, on account of his alleged animus 
against them, and prejudging of their case, but from these exceptions the Earl 
of Hartfell dissented. The parliament, however, after considering the peti- 
tion, refused its prayer in all respects, except what referred to Sir Archibald 
Johnston, which was reserved, and ordered the trial to proceed. As the 
result of their trial, the earl and his fellow-prisoners were condemned and 
sentenced to death. On the 10th the earl petitioned the house for mercy. 
He acknowledged his offences against the country, and would not extenuate 
them; but submitting himself, and his life and fortune to their disposal, 
appealed from the rigour of the law to their absolute mercy. 1 The 
appeal was in vain. He and Lord Ogilvie were singled out to be the 

1 Acts of the Parliaments of Scotland, vol. vi. pp. 479, 484, 486. Balfour's Annals, vol. iii. 
p. 328. 



HIS LIFE SPARED BY THE MARQUIS OF ARGYLL. CXC1X 

first to suffer, and were appointed to be executed on 6th January following. 
The sentence, however, was never carried out. The night before the day 
named for the execution, Lord Ogilvie, with the assistance of his sister, who 
lent him her clothes, and took his place in bed, made his escape out of the 
castle of St. Andrews ; and, says Guthrie, Argyll, conceiving this to be done 
by the means of the Hamiltons, in whom Ogilvie had special interest, his 
mother being daughter of Thomas, Earl of Haddington, and himself being 
thereby cousin-german to Crawford Lindsay, therefore to pay it home, he 
would needs have the Earl of Hartfell spared, whose death they were thought 
to thirst after as earnestly as Argyll did Ogilvie's. 1 In this way Argyll was 
induced to procure the pardon of the Earl of Hartfell. 

The imprisonment of the Earl of Hartfell lasted a year, during which time 
he was confined in the castles of Dumbarton, Glasgow, Edinburgh, and St. 
Andrews, " with quhat accomodatioune and hardschip," he says, " I neid not 
express." Meantime his bond for £100,000 Scots for his good behaviour was 
forfeited, and he was called on to pay the sum. For this sum James, Earl of 
Home, James, Earl of Annandale, Sir William Baillie of Lamington, and Sir 
Robert Grierson of Lag were cautioners. 2 The sum was to be employed 
partly in paying arrears of the Earl of Lanark's regiment. The Earl of 
Lanark himself, Sir Adam Hepburne of Humbie, treasurer, and the procu- 
rators of the estates petitioned parliament to have the fine exacted. "Where- 
upon parliament summoned Sir William Baillie and Sir Robert Grierson to 
satisfy their cautionry. 3 The earl, in a petition to parliament for mitigation 
of the fine, explains that the committee of processes would give him no benefit 
of the Act of Classes, but required payment of the whole £100,000 Scots; 
that being in " firmance," he could not raise the sum, and that on this account 
his lands were quartered upon, the loss from which he estimates at £100,000 
Scots. On his supplication, the committee of processes, on 1st August 1646, 

1 Guthrie's Memoirs, p. 168. 

2 Acts of the Parliaments of Scotland, vol. vi. part i. p. 539. 3 Ibid. 



CC JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

accepted of present payment of 100,000 nierks, and continued the payment 
of the superplus till next parliament. The earl next petitioned the estates, 
enumerating his sufferings and losses, namely, the payment of 100,000 nierks 
Scots, and of another 1000 merks Scots, the quartering of soldiers upon his 
lands, and the rifling the house of Newbie of its silver plate and household 
plenishings, which he estimated to amount to a loss of £2000 sterling; and 
praying the estates to remit the balance of his fine, so that his family should 
not be altogether crushed. He asked further to be " redintegrat to the good 
opinion of the parliament and reputit be them as ane honest and trew patriot." l 

Parliament agreed to the prayer of this petition, and granted the earl a 
discharge, in full satisfaction of all sentences formerly passed against him. 2 
Also, in respect of the spoiling of Newbie, which had been done by an 
English officer named Major Barras, from Cumberland, parliament directed 
the matter to be reported to the English commissioners, and ordained 
letters of recommendation to be written in his favour to the committee. of 
Cumberland desiring them to see him restored to the property taken out of 
his house. 3 

In addition to satisfying the state, the earl had also to satisfy the kirk 
for his violation of the Covenant. In obedience to their summons, he, on 18th 
November 1646, after his liberation from prison by parliament, appeared 
before the Commission of the General Assembly, whose minutes bear that he 
then declared his sense of his bygone offence in joining with the rebels, and 
his willingness to submit himself to the censure of the church for the same. 
Therefore, the Commission of Assembly remitted him to the presbytery of 
Lochmaben, that they might enjoin and receive his satisfaction according to 
the act of Assembly, and appointed the presbytery to return account of their 
diligence herein.' 4 

1 Petition in Annandale Charter-chest. 3 Acts of the Parliaments of Scotland, vol. 

2 Acts of the Parliaments of Scotland, vol. vi. part i. p. 827. 

vi. part i. p. 754. Cf. Annandale Peerage 4 Proceedings of the Commission of the 

Minutes of Evidence, 1S78, pp. 726-728. General Assembly, 1G46-1648, p. 105. 



MARRIAGE WITH LADY MARGARET HAMILTON, 1647. CCl 



CHAPTER FOURTH. 

The Earl's marriage with Lady Margaret Hamilton, 1647 — Commutes tithe payments due to 
the Crown — Provides a permanent residence for himself in Edinburgh, 1648 — His 
visits to various parts of the country, 1650 — Death of his Countess, 1652— His pur- 
chases of land and consolidation of his estates — Death of the Earl, March 1653 — His 
children. 

Elizabeth Johnstone, Countess of Hartfell, the Earl's second wife, appears 
not to have long survived their marriage in 1643. There is no evidence of 
the exact date of her death, but she died before January 1647 ; for on the 
30th of that month the Earl of Hartfell contracted his third marriage. His 
spouse on this occasion was Lady Margaret Hamilton, daughter of Thomas, 
first Earl of Haddington, and widow of David, Lord Carnegie. James, Lord 
Johnstone, is a consenting party, and takes a principal part in the contract 
for carrying out the obligations to Lady Carnegie. On her part the con- 
senters were her nephew, John, fourth Earl of Haddington, her uncle, and 
other relations. Lady Carnegie was to be infeft in the Mains and house of 
Newbie, or if she preferred, in an annuity of 2000 merks, with another liferent 
annuity of 4000 merks; while as tocher she brought to the earl the liferent 
use of her terce lands, which were Colluthie, Cruvie, and Segy, also Leuchars- 
Eamsay, and the castle of Leuchars, but into this she only came after the 
death of her father-in-law, David, Earl of Southesk. 1 Besides the contracting 
and consenting parties already named, the contract is signed by many noble- 
men and friends connected with the two families of Johnstone and Carnegie 
of Southesk. 2 The marriage itself took place on the day after the signing of 
the contract. 3 

As was done by a number of other large landowners in Scotland, the Earl 
of Hartfell in this year commuted the annual tithe payment due to the 

1 He survived the Earl of Hartfell. 

2 Original contract in Annandale Charter-chest. * 

3 History of the Carnegies, Earls of Southesk, vol. i. p. 113. 

VOL. I. 2 C 



CCii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

Crown from his lands into one present act of purchase, for which he paid 
2000 merks. 1 

In the following year, 1648, he took up a more permanent abode in 
Edinburgh under a lease of two separate but adjoining houses, between which 
he opened up a communication. One of these was leased for five years from 
Mr. James Primrose, eldest son of the deceased Mr. Gilbert Primrose, clerk 
to the privy council, and his mother, Janet Foulis, being " the uppermost 
ludging " in his tenement of land in Edinburgh, " in the cloiss commonly 
called James Prymrois Cloiss, with the two laich chambers lyand foreanent 
the turnpyke or entrie of the said ludging," with the yard, cellars, and 
stables belonging thereto. The other house was leased from Thomas Gilmour, 
merchant in Edinburgh, and was the middle house of his tenement of land, 
" in Mowbrayes Close, betuixt the tuo ISTatherbowes, on the south syde of the 
kingis hie street." Gilmour agrees to make the connection between the two 
houses by striking a door through the south end of the said middle house 
into that belonging to Janet Foulis, to be built up on the earl's leaving. 
Perhaps the necessary operations were performed by John Mylne, the master 
mason, as he was a witness to this lease. In a notarial deed the earl's lodg- 
ing in Edinburgh is described as situated " on the southsyd of the gaitt, a 
lytel above the Nethirbow." When the five years of the lease expired the 
earl was dead, and the houses were then given up by his son and successor. 2 

With the expedition of this year into England for the relief of King 
Charles the First, known as the Engagement, the Earl of Hartfell did not 
meddle apparently one way or the other, but after its overthrow and the 
resumption of the government by the Covenanters, they put him under a 
new bond to keep the peace with the penalty as formerly of £100,000 Scots, 3 
and he was required to contribute for tbe maintenance of their army. 4 

1 Discharge, 10th August 1647, in Annan- 3 Note of bond, 13th December 1C4S, 

dale Clferter-chest. ibid. 

n - Documents, ibid. 4 Vol. ii. of this work, p. 34. 



THE EARLS VISITS TO EDINBURGH. CC111 

Accounts kept by Hew Sinclair, who about tins time became chamberlain 
to the earl, and was continued as such for many years by the second Earl of 
Hartfell, give in some detail the earl's movements during the last years of 
his life. He was back in Edinburgh by 29th November 1648, and remained 
until May following. Mention is made of the purchase of a book called the 
" Independents Joynter " for £3 Scots, and of another book " called the Con- 
fession of Faith" for 12s.; also of two payments for carrying money to the 
earl's lodging, one of the entries being — for carrying 8000 merks there in a 
" creil " by a " pyner," 8s. Scots. Lady Janet, the earl's second daughter, 
receives £100 which she had disbursed on behalf of her brother, the master, 
as the earl's second son was styled. On 3d May the earl returned home by 
Auchinoon and Carnwath, where he probably visited his Countess's daughter, 
thence to Douglas, and thence to Moffat, Lochmaben, and Annan. But he 
did not remain long, as on the 24th he was again at Moffat for a night on his 
way to Edinburgh, whither he journeyed by Darnhall, near Eddleston, in 
Peeblesshire. There is on 29th May a payment made to " William Johnston, 
the whistler." Later in this year the Earl of Hartfell again visited Annan- 
dale, as on 2Gth October another journey to Edinburgh, this time by the 
Crook and Linton, is chronicled; and also his return a fortnight later by 
Carlops, Carnwath, and Pettinain, taking with him 2 books "called the 
Confession of Faith and two dozen single Catechises." 

In January 1650 the earl purchased two pair of pistols from John 
Falconer for £66, 13s. Scots; and Sir Lues Stewart's man " for spearing out 
4000 merks," probably finding out a lender of that sum to the earl, received 
£13, 6s. 8d. On 4th April the earl is mentioned as being at Dumfries. On 
the 19th he started, accompanied by six servants on horseback, for the Merse, 
obtaining the services of a guide between Newbie and Langholm. At 
Langholm he stayed for a night, and the sight of " some poor women incar- 
cerat for witchcraft" excited his sympathy, and he gave them £2, 18s. 
From that place he rode to Selkirk and Kelso, visiting both at Floors and 



cciv JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

Home Castles, where he spent three nights, and then pursued his way by 
G-ingillkirk (Channelkirk) to Edinburgh, arriving there on the 27th. He 
returned to Annan by Linton on the 11th of May, but was again in Edin- 
burgh on 6th June. 

There is also an entry in the accounts of payments of pew rents in the 
Tron or south-east Church of Edinburgh, 1650 being mentioned as the third 
year in which the earl and his countess had sittings there. Another entry 
of the purchase of twelve pistols " with hulsters and spaners " for £12, 12s. 
each, in Edinburgh on the 26 th of July is suggestive, as Cromwell was then 
marching on Scotland, and within a few days afterwards had invested that 
town. But whether the earl remained and took part in its defence, or 
now left for his home in Annandale, is uncertain, a hiatus in the accounts 
occurring at this interesting period. 

What took place in the country immediately afterwards is well known — 
how that after a month's ineffectual siege of Edinburgh Cromwell was forced 
to retire towards Berwick, and was pursued by the Scots to Dunbar, and how 
by a false movement the Scots army put themselves in Cromwell's hands 
and were routed, Cromwell returning victorious to Edinburgh, and by degrees 
making himself master of the entire south of Scotland. The Scottish court, 
with King Charles the Second in their midst, retreated northwards and held 
their parliaments at Perth, one in November 1650 and the next in March 
1651. Whether the Earl of Hartfell was present at these does not appear; 
but at the latter he, or his eldest son, Lord Johnstone, in his place, was 
appointed Colonel over Nithsdale. 1 When the chamberlain's accounts again 
resume in April 1651 they show the earl to be travelling sometimes with the 
court and at other times on his own business. On the 6 th April he crossed 
the Forth to Menteith, and stayed a night at Dunblane, paying a visit to 
Cromlix, whence he obtained a guide to Drumfade, and travelled thence by 
Boat of Earn to Perth. He passed the night of the 7th there, and next day 

1 Acts of the Parliaments of Scotland, vol. vi. part ii. p. 655. 




> 



HIS VISITS TO DUNDEE AND PERTH, 1651. CCV 

came to Dundee, where lie remained until the 17th. On the 19th he crossed 
over to Fife but returned the same day to Dundee, then went to Perth, and 
after staying several days there came south to Dunfermline on the 26th. 
Here he rested four nights, and had for his companions the Marquis of 
Douglas and Lord Mordington. On the 2nd of May they went together to 
Falkland, and spent one night there in company, the reckoning both there 
and at Dunfermline being shared equally by the three. Next day the Earl 
of Hartfell went to St. Andrews via Anstruther, where he wished to see Sir 
Lues Stewart, and after spending two days at St. Andrews he went to Dundee 
by way of Dairsie. On the 1 3th he was at Cupar. Eeturning to Dundee he 
again went to Perth, stayed there several days, and at this time his two sons 
are mentioned as being in his company. On the 29th of May he was again 
in Dundee, on the 3rd of June he was in Perth for two nights, and he came 
from thence to the parliament, which had been sitting at Stirling since the 
23rd of May. He is mentioned as subscribing in parliament the bond for 
security of religion on 3rd June, along with the Marquis of Douglas and the 
Earl of Tullibardine. He remained at Stirling until the 10th, and before 
the parliament rose was placed upon the committee of estates appointed to 
direct the affairs of the nation until the next meeting. 1 Again he returned 
to Dundee, staying at Perth for two nights on the way, and remaining at 
Dundee until the 2nd of July, when he came back to Stirling, where the 
army was lying, and making secret preparations for its expedition into 
England. He was on the 5th of July with Lord Ogilvie at Torwood, but for 
the rest of that month he spent his time in the " Leiger," his lodgings being 
in the house of Bailie Baird in Stirling. He did not accompany the army 
into England, but after paying a visit to Eossdhu with the laird of Luss 
on 29th July, and probably spending two nights there, he came through 
Kilpatrick on 1st August to Kilmarnock, where he spent the night, and next 
day journeyed home by Cumnock and Dumfries. The route taken by the 

1 Acts of the Parliaments of Scotland, vol. vi. part ii. pp. 67S, 679, 684. 



CCV1 JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

Scottish army in its march from Stirling to Worcester was through Annan- 
dale, and the pastures there suffered severely by its depredations, as well as 
the inhabitants. 1 

During 1652 there is little to record of the earl and his movements. In 
January of that year he again journeyed to Edinburgh by Wandell and 
Biggar, spending two nights at Ingliston Bridge ; but he returned thence in 
the beginning of February, spending the night of the 2d at Carnwath, and the 
next day at Hessilside, the residence for the time of the Marquis of Douglas, 
who the following day accompanied him to Moffat and Lochwood. Sometime 
during this year, but before August, the Earl of Hartfell lost his third wife 
by death. The countess made her will at Edinburgh on 4th July 1648, in 
which, after recommending herself to God, " beleiveing assuredlie to be saved 
be his f rie mercie throw the onlie merits of Jesus Chryst, my redeimer," and 
directing her body " to be buried among the faithfull in the most modest way 
and in the neirest convenient place quhair it sail please God to call vpon 
me out of this lyff," she appointed her " weilbelouet husband, James, Erie of 
Hartfell," her only executor, and made a number of bequests to members of 
his family and also legacies to Margaret, Countess of Carnwath, and Dame 
Magdalen Carnegie, Lady Kilbirnie, her daughters. 2 

During his long tenure of the family estates of Johnstone, the Earl of 
Hartfell, amidst many trials and sufferings in connection with his loyal and 
covenanting principles, not only consolidated his feudal rights to several of the 
old Johnstone estates, but also made numerous important additions to them. 
It is unnecessary to relate the whole of these, especially as the more interesting 
portions of them have been noticed in the previous part of this memoir, 
where the acquisition of Moffatdale and Evandale are stated in connection 
with the peerages of Hartfell, Moffatdale, and Evandale, granted to the earl. 

The other lands to which the earl's feudal titles were completed may be 

1 Draft Petitions by parishes for redress, in Annandale Charter-chest. 
'- Testament and Latter Will. Charters of this work, pp. 90. 91. 



PURCHASE OF NEWBIE AND OTHER LANDS. CCV11 

briefly noticed. The lands of Newbie lie near the town of Annan, and were 
acquired by Sir James Johnstone, the father of the Earl of Hartfell, as stated 
in his memoir. But the transaction was only completed in the time of the 
earl, who obtained a Crown charter of them on 8th June 1609. This charter 
erected the lands into a barony called the barony of Newbie, comprehending, 
besides the lands and tower of Newbie, the lands of Cummertrees, Stableton, 
Middlebie, Priestwoodside, and others. The tutor of Johnstone allowed the 
lands to be apprised from his ward, and they were for a time possessed by 
the tutor's nephew, Robert Johnstone, son of Mungo Johnstone of How- 
cleuch. Johnstone, however, on reaching his majority, refused to ratify the 
proceedings, and this led to the ejectment of the tutor and his friends 
already described. The lands were, in 1627, in virtue of a decreet-arbitral, 
disponed to Johnstone by Eobert Johnstone for the sum of 16,500 merks, 
and "Newbie thereafter became the chief residence of Johnstone. 

On 17th February 1609, Johnstone received a Crown charter of the lands 
of Knock, Crooks, Crossdykes, Crossdykerigs, Persbiehalls, Hennelland, 
Ersbank (Archbank), Dryfesdale, Leverhay, Brumell, Brigmure, Bonschaw, 
and Dunibretton. These lands, situated in different parishes, and in the 
dale of the Esk, were by this charter erected into the tenandry of Knock. 1 

In 1623, the land of Mossknow, in the parish of Kiikpatrick-Flemiug, 

was renounced in his favour by Francis Irvine of Sackrigs. In the same 

year Johnstone acquired the lands of Corrie from George Johnstone of 

Gritheid, called of Corrie; and in 1628 he purchased from Sir William 

Grierson of Lag the lands of Kirkbriderig. In 1632 Johnstone obtained a 

number of lands. From Adam Cunningham of Woo'dhall, superior, he 

received a charter of Dornagills, Kirkgill, Abisterland, the kirklands of 

Wauchope, and Buragis of Stapilgordon, in Eskdale. From Thomas Johnstone 

1 The lauds of Knock and others were of this charter. The lands of Knock were 

acquired by Sir James Johnstone from Mar- long contested by the Earl of Nithsdale aud 

garet Moffat of Knock ; and Bonschaw and Johnstone of Westerhall. 
Dunibretton were resigned for the purposes 



CCviii JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

of Bearholm he acquired Easter Kinnelhead, and from Eobert Somerville of 
Carswell, Biggarts in the parish of Kirkpatrick. 

At this time also there was a discussion between William Douglas, 
Viscount of Drumlanrig, and Johnstone, about the lands of Lochhouse, 
Thornick, and others. The lands were claimed by both parties. But by the 
decision of the privy council Drumlanrig prevailed in the contest, and thus 
acquired a considerable extent of territory in Annandale in addition to his 
great estates in Mthsdale. The Johnstones were so disappointed, that these 
lands, which were Johnstone property, and surrounded by Johnstone pro- 
perty, should be added to those of Drumlanrig, that they remonstrated with 
hiin about it, but without effect, and applied the uncomplimentary sobriquet 
to him of " the deil of Drumlanrig." Lochhouse, with the other Johnstone 
properties thus acquired by Drumlanrig, descended to the late Duke of 
Buccleuch and Queensberry as part of the great territorial Dukedom of 
Queensberry. 1 

In 1633 Johnstone purchased from James Johnstone of Westerhall the 
lands of Craigaburn, Craigamyre, Connelbeck, Daligair, and others, in the 
parish of Moffat ; and from James Johnstone of Chapel the lands of Chapel 
and Coittis. In the following year he added to his possessions of land the 
superiority of the lands of Hutton-under-the-Muir, which he bought from 
William, Earl of Morton ; also the lands of Broitts, Broitcleuch, and Broithill, 
in the parish of Kirkpatrick-Fleming, from Jaffray Irving of Broitts ; and 
the lands of Milton, Miltonhohns, Craigielauds, Marchbanks, and others, in 
the parish of Kirkpatrick-Juxta, from Samuel Johnstone of Sheens. 

In 1G37 the Earl of Hartfell acquired by purchase from Sir John 
Charteris of Amisfield, Dryfeholm, Beckhouse, Dryfesdale, Torwood, Bethill, 

1 The late Duke of Buccleuch shortly adjoined. His Grace was very considerate 

before his death sold the Lochhouse lands, to his Annandale neighbours by excambions 

with the old tower of that name, to Mi - . of his Annandale lauds as accommodations 

Younger of Auchiucas, whose property they to them. 



PURCHASES THE LANDS OF SIBBALDBIE, 1644. ccix 

and other lands in the parish of Dryfesdale, etc. In 1644 he purchased from 
Alexander Jardine of Applegirth the lands of Sibbaldbie, comprehending the 
lands of Cleuchheads, Belcathill, Newbigging, and many others, all formerly 
in the parish of Sibbaldbie, but now in Applegirth. 

Besides this vast extension of his territories in the county of Dumfries, 
the Earl of Hartfell also secured an interest in the county of Lanark, by the 
acquisition in 1634 of the lands of Baecleuch in the parish of Crawford. 
The tutor of Johnstone's son had allowed these and other lands to be 
apprised from him for debt, the right to which apprising was purchased by 
the Earl of Hartfell in 1636. 

In 1635 the earl exchanged the lands of Allarbeck and Bellorchard with 
William Irvine of Bonschaw for those of Kockhallhead, Corthat, and Hare- 
gills; and with the Johnstones of Vicarland, in 1639, he exchanged Craigie- 
lands and Canteknow for parts of the lands of Millholm, Hallholm, and 
Mains of Moffat. All these acquisitions of land greatly increased the power 
and prestige of the Johnstone family, and gave a territory worthy the 
dignity of being created into an earldom. 

The chamberlain accounts show that the Earl of Hartfell went to 

Edinburgh in the end of November, and remained there until March 

following. The lease of his mansion-house in Edinburgh extended to 

Whitsunday 1653, when it terminated. There are the following entries 

in the chamberlain accounts. On 25th September 1652 — "Item, for towes 

and vtheris to pak the furniture in the loading for transporting it to Annan- 

daill." On 19th January — "Item, to James Farreis to carrie his charges and 

4 horses with him fra Edinburgh to Newbie." These removals of furniture 

must either be consequent upon the recent death of Margaret Hamilton, 

Countess of Hartfell, and the disposing of her furniture and goods in 

terms of her will, or, as is more probable, the resolution of the earl to give 

up his house in Edinburgh at the expiry of the lease in the month of May. 

But the earl did not live till then. In January he was in failing health. 
VOL. I. 2d 



CCX JAMES JOHNSTONE, FIRST EARL OF HARTFELL, 1608-1653. 

On the 26th of that month the accounts record payments made to Doctors 
Sibbald, Hay, and Cunnynghame, of fifteen dollars to each of the two former, 
and of ten dollars to the latter. There is also at the same date a payment 
made to the earl himself at " your goeing fra Edinburgh." On 7th March 
there are payments which indicate that on account of his sickness the earl 
removed to the house of Patrick Vans, his cousin. 1 

The first Earl of Hartfell died in April 1653, probably at Newbie. Of 
his three marriages already noticed he had issue only by his first wife, 
Margaret Douglas, two sons and three daughters. These were : — 

1. James, second Earl of Hartfell and first Earl of Annandale, of whom a 

memoir follows. 

2. Lieutenant-Colonel William Johnstone, of Blacklaws, who was probably 

named after his maternal grandfather, William Douglas, first Earl of 
Queensberry. He purchased, in 1647, the lands of Blacklaws in Evan- 
dale, from James Johnstone of Corhead. He afterwards went abroad, 
and was Lieutenant-Colonel in the Scottish regiment in the service of 
the King of France commanded by Lord George Douglas, and known 
as the Douglas regiment. He took part in a campaign in Spain. 
He was for some time styled Master of Johnstone, while apparent heir 
to his brother in that title. He died at Newbie without issue in 
December 1656. 

1 . Lady Mary Johnstone, who married, first, Sir George Graham of Netherby, 

in the county of Cumberland ; and secondly, Sir George Fletcher of 
Huttonhall, also in Cumberland, and had issue to both. She was alive 
in 1680, when as Lady Fletcher she is described as the aunt of William, 
second Earl of Annandale. 2 

2. Lady Janet Johnstone, who married on 6th February 1653, William 

Murray of Stanhope, in the county of Peebles, and had issue. 

3. Lady Margaret Johnstone, who married, contract dated 11th October 

1654, Sir Robert Dalzell, younger of Glenae, son of Sir John Dalzell of 
Glenae. The chamberlain accounts for 16th December 1654 contain 
this entry : — " Item, to Lady Stanhope at your lordship's direction, which 

1 Chamberlain Accounts in Annandale Charter chest. 2 Ibid. 



HIS SEAL AND SIGNATURES. 



CCX1 



she debursit for Lady Margaret hir sister's black gown before marriage, 
£28." Lady Margaret died without issue in October 1655. 






Jl i hzpuein/&hMj£oMvi ^ 




CCX11 



The First Earl of Annandale, Viscount of Annan, and Lord Lochmaben 

(New Peerages). 

XVII. — James, Earl of Annandale and Hartfell, Viscount of Annan, 
Lord Johnstone of Lochwood, Lochmaben, Moffatdale, and Evandale. 

Lady Henrietta Douglas, his Countess. 

1653-1672. 

chapter first. 

Prospective view of his life — His birth, 1625 — His various designations — His attitude in his 
youth to public affairs — Imprisoned for complicity with Montrose, 1644 — Taken prisoner 
in the rout at Philiphaugh, 1645 — His marriage with Lady Henrietta Douglas, 1645 — 
Terms of the contract of marriage — Succeeds his father in 1653 — Change in the form of 
retours of service under Cromwell — Retour of the Earl — Feudal forms in making up 
title-deeds during the Commonwealth — Member of parliament, 1654 — Fined ,£2000 
sterling — His fine reduced to £500— Appointed a commissioner for the shire of Dum- 
fries. 1655 and 1659— Petitions Cromwell's council for Moffat Well, 1657. 

The life of this chief of Johnstone marks an epoch in the history of his 
family. "While still under age he made an auspicious marriage with a bride 
of the great house of Douglas, who was at the time between twelve and 
thirteen years of age. Of that youthful marriage there was eventually the 
large family of eleven sons and daughters. The eldest surviving son was 
raised to the dignity of Marquis of Annandale, and held many of the highest 
offices of state. The present young chief became involved with his father 
both in the troubles of the Covenant and of the Cromwellian government. 
But at the Eestoration, in 1660, he received from King Charles the 
Second the three additional peerages of Earl of Annandale, Viscount of 
Annan, and Lord Lochmaben. He also received the high offices of steward 
of Annandale and hereditary keeper of the castle of Lochmaben, and the 
erection of many baronies and regalities, including the regality of Moffat. 
The dominant and ardent desire of his life was that all his peerages of John- 
stone and Hartfell, which were inherited by him from his father, as well as 



HIS DESIGNATIONS. CCX111 

the three additional peerages of Annandale, Annan, and Loclnnaben acquired 
by himself, and also his large landed estates in Annandale, should descend to, 
and be inherited by, the heirs of his own body, as well sons as daughters, and 
even by the children of his sisters. He believed that he had secured this 
arrangement in the years 1657, 1661, and 1662, by resignations of the peer- 
ages and estates, and new grants of them, which included the succession to 
them of the heirs male and female of his hody. This was in the future to be 
a distinguishing feature of the occupancy of his peerages and estates, that they 
were to be inherited by his heirs-female even to the broad limitation of heirs 
whomsoever, while he himself had inherited them under limitation to heirs- 
male alone. The change which this Johnstone chief thus effected, as it has 
an important bearing on the subsequent history of the Johnstone family, will 
be unfolded in detail in the course of this memoir. 

James Johnstone, younger of Johnstone, was born in the year 1625. 
Judging from his subsequent correspondence on the business of the large 
landed estates of Annandale, and also from his management of the public 
business of the country in which he was officially engaged, he appears to 
have received a liberal education. No accounts, however, have been found 
which would show at what university his studies were pursued. His son, the 
first Marquis of Annandale, was educated at Glasgow University, but the 
records of that great seat of learning do not afford any evidence that he him- 
self was educated there. This Johnstone chief had various designations at 
different periods of his history. For the first eight years of his life he was 
known, according to Scotch practice, as James Johnstone, younger of John- 
stone, or the Laird of Johnstone, younger. For the next ten years from 1633, 
when his father was created Lord Johnstone of Lochwood, he was called the 
Master of Johnstone. For the ten succeeding years from 1643, when Lord 
Johnstone was created Earl of Hartfell, he was designated by the courtesy 
title of Lord Johnstone; and for eight years thereafter, from 1653, when his 
father died, his appellation was Earl of Hartfell. In 1661 he was created 



ccxiv JAMES, EAEL OF ANNANDALE AND HARTFELL, 1653-1672. 

Earl of Annandale and Hartfell, Viscount Annan, and Lord Lochmaben 
which continued to be his designation till the close of his life. 

When his father was arranging to join the army of the Covenant, 
" whithersoevir the samin is boun," in August 1640, he made his latter will 
and testament, appointing his son, the Master of Johnstone, the only executor 
of his large estate. As the Master was then under age, his father showed 
great confidence in the prudence of his young son to intrust to him this 
important office. 

Four years later he was involved, with his father and only brother, 
Colonel William Johnstone, in the varying struggles between the royalists on 
the one side, and the covenanters on the other : but he took no prominent 
position in these struggles. He was imprisoned with his father in 1644, on 
suspicion of complicity in Montrose's attempt on Dumfries. After the battle 
of Kilsyth in August 1645, he joined Montrose and assisted him at Philip- 
haugh on the 13th of September, where he was captured, and incarcerated in 
different castles for a considerable time. But parliament did not take pro- 
ceedings against Lord Johnstone as in the case of his father. 

In the month of May, less than four months previous to his capture at 
Philiphaugh, Lord Johnstone allied himself in marriage to Lady Henrietta 
Douglas. Her ladyship was the eldest of the six daughters of William, first 
Marquis of Douglas, by his second marriage with Lady Mary Gordon, third 
daughter of George, first Marquis of Huntly. This marriage of Lord John- 
stone and the previous marriage of his father, the Earl of Hartfell, with Lady 
Margaret Douglas, of Drumlanrig, brought the Johnstones into close alliance 
with the Douglases, including William Douglas, Earl of Selkirk and Duke of 
Hamilton. Lady Margaret Douglas was descended from James, the second 
Earl of Douglas and Mar, who was the hero of Otterburn in 1388, while 
Lady Henrietta Douglas was descended from William, the first Earl of 
Douglas and Mar through the Douglas line of the Earls of Angus. The 
marriage contract between James, Lord Johnstone, and Lady Henrietta 



HIS MARRIAGE IN 1645. ccxv 

Douglas was formally made at the castle of Douglas on the 29th of May 1645. 1 
The parties to the contract were James, Earl of Hartfell, for himself, and 
taking burden for James, Lord Johnstone, his eldest son, and also Lord 
Johnstone for himself, with the consent of his father, his tutor and adminis- 
trator, for his interest, on the one part, and William, Marquis of Douglas, Earl 
of Angus, for himself and for Lady Henrietta Douglas his daughter, and she 
for herself, with advice and assent of her said father, tutor and administrator, 
for his interest, on the other part. As already stated in the preamble to the 
memoir, both the bridegroom and bride were minors at the time of the mar- 
riage, the former being twenty years of age and the latter twelve or thirteen. 
By the terms of the contract of marriage and in accordance with the 
usage of that time, sanctioned by the Church of Scotland, Lord Johnstone 
and Lady Henrietta became bound to complete and solemnize their marriage 
" in face of Christ his kirk and congregation, as God by his word has 
appointed." The Earl of Hartfell obliged himself to infeft Lord Johnstone 
and Lady Henrietta Douglas, and the survivor of them, in conjunct fee, and 
the heirs-male of their marriage, which failing, Lord Johnstone's heirs-male 
whomsoever, in a variety of lands, including the manor place of Lochwood, 
in the parishes of Johnstone, Kirkpatrick-Juxta, and Wamphray, and within 
the barony of Johnstone, stewartry of Annandale, and shire of Dumfries ; also 
the lands and tenements of Hutton-under-the-moor, Dryfesdalehead and 
Achinstork, and the tenement of Corrie ; also the lands of Sibbaldbie and 
others. The earl reserved his own liferent of Hutton, Dryfesdale and Corrie, 
and also warranted the lands provided in conjunct fee to Lady Henrietta 
Douglas to be of the value of 8000 merks yearly, and the remaining lands to 
be worth to Lord Johnstone 12,000 merks yearly. The contract provides that 
in case there be no heirs-male of the marriage but only daughters, Lord John- 
stone should pay to them at the age of fourteen, if one daughter 30,000 

1 The contract is recorded in the Books of Council on 21st November 1648 [Annandale 
Peerage Minutes of Evidence, 1877, p. 576]. 



CCXV1 JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

merks; and if two, to the eldest 25,000 merks, and to the other 15,000 
merks ; and in case there he more than two daughters he was to pay to them 
45,000 merks, namely, to the eldest 20,000 merks, and among the rest the 
remainder of the sum in equal divisions. The Marquis of Douglas on his 
part bound himself to pay as tocher to the Earl of Hartfell 26,000 merks 
Scots ; and Lord Johnstone and Lady Henrietta discharged the Marquis and 
Dame Mary Gordon, his spouse, of all further claims. A charter was given 
by the Earl of Hartfell to Lord Johnstone and Lady Henrietta in terms 
of the contract of marriage, containing precept of sasine. That charter is 
dated at Lochwood 4th June 1645. 1 The marriage between Lord Johnstone 
and Lady Henrietta Douglas was duly solemnized in terms of the contract 
ia 1645, and it appears to have been a very happy union. 

On the death of his father, James, first Earl of Hartfell, in April 1653, 
Lord Johnstone succeeded to the peerage of Hartfell and the Johnstone 
estates, as second Earl of Hartfell. He expede a service at Lochmaben on 
25th October 1653 before the Sheriff of Dumfriesshire, who, at an inquest, 
made a retour that the deceased James, Earl of Hartfell, father of James, now 
Earl of Hartfell, died seized as of fee in the lands of Johnstone and others 
therein described ; that James, now Earl of Hartfell, is nearest and lawful 
heir-male to his father in these lands ; that the lands are now held of the 
keepers of the liberties of England in place of the late king; and that the 
late Earl of Hartfell died in the month of April 1653. 2 A precept was 
issued on 31st October 1653 by the keepers of the liberties of England for 
infefting his lordship as heir to his father, James, Earl of Hartfell, in the 
lands and barony of Johnstone. 3 Sasine followed on the precept on the 8th, 
9th, and 10th November ensuing. 4 The feudal title of the second Earl of 
Hartfell to his landed estates was thus formally completed. 

1 Charter in Annandale Charter-chest. 3 Annandale Peerage Minutes of Evidence, 

- Annandale Peerage Minutes of Evidence, 187S, p. 711. 
1876, pp. 58-61. * Ibid. p. 714. 



RETOUR OF SERVICE TO HIS FATHER, 1653. CCXvii 

During his protectorate, Cromwell changed the forms of retours of service 
by heirs to their ancestors. He provided that the retours should in future 
be written in the English instead of the Latin language. The service of the 
second Earl of Hartfell, as heir to his father, was amongst the earliest of the 
retours framed according to the new rules, and great care was taken accurately 
to observe them. Commissary Nisbet, the eminent lawyer, was consulted 
for " two whole days " regarding the service to be expede. 1 

Several sums were necessarily disbursed in the expeding of the service of 
the Earl of Hartfell. After the lapse of two centuries it may be of some 
interest to recall a few of these payments as showing the feudal forms 
observed in the early years of the commonwealth in making up the title-deeds 
to the extensive Annandale estates. A month after the long consultation 
with Commissary Nisbet, payments were made as follows : — 

" 1653, October 25th. To the clerkis of your lordships services at Loch- 
maben for 3 instruments taken in the church ; first, for two protestations againes 
the service ; 2, at the taking of the inqueists, oathes, and the chancelloris 
report, £4, 10s. Od." 

" For William Chalmers charges at Lochmaben and Dumfreis for 2 nights 
for his horse and James Murrayes, £9, 4s. Od." 

" 1653, October 27th. To him at his going bak to Edinburgh from Newbie 
for his paines taken and expensis in puting your lordships service in forme, altho 
ther wes faltes afterward mendit therein be Andro Mairtein, inde £200, 0s. Od." 

" 165 3, November 9th. For Captain Greins charges, his mans, James Murray, 
and vther witnesses to your lordships infeftments in Moffetdaill and Evandaill, 
Lochwood, Lochsyd, Brounhill and Newbie, £8, 7s. Od." 

" To William Maxwell in Lochmaben for the expense of meit and drink 
furnished be him ther, the day of your lordships being served aire, inde 
£120, 0s. Od." 

1 This long consultation was held on the Commissary was afterwards promoted, first, 

19th and 20th September 1653, and the to be Lord Advocate, and then a Lord of 

Commissary's fee was £30. [Accounts in Session under the title of Lord Dirleton. 
Annandale Charter - chest.] The learned 

VOL. I, 2 E 



CCXviii JAMES, EARL OP ANNANDALE AND HARTFELL, 1653-1672. 

In the following year one more payment was made in connection with 
the earl's retour of service. It is thus entered in the account of the 
Annandale chamberlain under date 

" 1654, Februarii 18th. Item to Andro Mairtein, writer, for his paines taken 
in righting your lordships retours and helping of the service which wes severall 
wayes wrong, £66, 13s. 4d." 

In the years 1654 and 1655, the Earl of Hartfell was largely occupied and 
put to much trouble negotiating the remission of a fine with which he was 
burdened in the following circumstances : Cromwell's council of state by 
"An ordinance of pardon and grace to the people of Scotland," dated 12th 
April 1654, imposed heavy fines on the Scottish nobility and gentry to be 
paid in two moieties on 2d August and 2d December following respectively, 
under penalty of confiscation of their estates. 1 The Earl of Hartfell, whose 
fine amounted to £2000, 2 in common with others also fined, felt aggrieved, 
and applied to the council to be relieved from the fine. The council remitted 
the subject to a committee. In the meantime the Earl of Hartfell was not 
idle in the matter, as the following excerpts from his chamberlain's accounts 
for the period will show : — 

" 1654, June 27th. To Mr. Mosley, clerk to the fynes, for his favour to your 

lordships particulars in these, 
" To his man, a dollar, .... 

" Item in drink, etc., to a four houres with him, 
" 1654, October 16th. Item to Mr. Mosley, clerk to the fynes, 

at the extracting of your lordships report of friedom of 

the fyne, 10 dollors, . . . . . 29 12 9 

" Item to his deput for an extract of the wholl papers given 

for your lordship to the commissar, . . . 6 " 3 

1 Acts of the Parliaments of Scotland, " thereafter by publict act restricted to £2000." 
vol. vi. part ii. pp. 817-820. [Annandale Peerage Minutes of Evidence, 

2 In an account of his sufferings and fines 1878, p. 733.] 

which the Earl of Hartfell afterwards made 3 Accounts in Annandale Charter- chest, 

use of in his claim for compensation, he states One of the English judges appointed by 
that his fine amounted to £4000 sterling Cromwell to administer the law at Edin- 









2 18 





6 7 






THE REDUCTION OF HIS FINE, 1654. ccxix 

On 9th March 1655, Colonel Jones gave in the report of the committee to 
whom the matter of the fines had been referred, in five articles. By the first 
article of the report the fine of the Earl of Hartfell was reduced to £500. 
This reduction was sanctioned by the council of state. 1 His lordship, who 
was still dissatisfied, renewed his application and made considerable exertions 
to have the whole amount of the fine remitted. He went to London that he 
might personally attend to the business. In a letter which he wrote on the 
subject to Hew Sinclair, his chamberlain, on 24th July, he states that he 
had delivered a letter from Mr. Howard 2 with a new petition to Cromwell, 
and he was that night or next day to get his answer, which he feared would 
be the same as he formerly apprehended. In support of his fears he states 
that his countryman, who had shared deeply in his last fine, was obstructing 
any favour promised or intended by the Protector, and he saw no prospect 
of success unless Mr. Howard was present in London. He refers to the 
English council as possessed of an opinion of his " abilitie to satisfye, and 
deserved suffering," and adds, " For monay I cannot lay doune a course for 
it except freinds wold lay ther heids togither and everie one advance a shaire 
in so greatt ane exigency." The earl wrote to Mr. Howard to write to four 
of the council on his behalf. 3 

A few weeks later, on 7th August, the Earl of Hartfell wrote to his 

burgh was named Mosley. It was pro- vol. vi. part ii. p. 845. Annandale Peerage 

bably this judge, or a relative of his, who Minutes of Evidence, 1879, p. 766. 

was the clerk of the fines referred to in 2 Charles Howard of Naworth, afterwards 

the above excerpts. The clerkship was a Earl of Carlisle, was at this time one of the 

lucrative office. It was a boast of the time nine persons composing the council of state 

that Cromwell's English judges gave satis- set up by Cromwell in Scotland for adminis- 

faction to the people of Scotland, and were tering all civil affairs there. The council 

more just lawyers than the Scotch judges. had extensive powers given them in all 

One of the latter being taunted with that matters affecting revenue, and therefore Mr. 

fact, explained it by the uncomplimentary Howard had considerable influence in the 

remark that Cromwell's judges in Scotland matter then concerning the Earl of Hartfell, 

were " a pack of lcithless loons," and had no and he used his influence on behalf of the 

relatives to require judicial jobs. earl aud others. 

1 Acts of the Parliaments of Scotland, 3 Vol. ii. of this work, p. 303. 



CCXX JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

countess on the same subject. In this letter he apologises for his prolonged 
stay in London by saying, " that if my bussines were not one of the neirest 
and highest of my coneernmentts, the pleisours of this place wold not have 
allured me to stay one weike, nather any companie I am withe." He had 
used all means and ways in the matter, but ineffectually, and he was now to 
return home when he received an answer that afternoon to a petition, " the 
last of a dozen since I came heire." 1 It does not appear what the answer 
was that was given to the petition of the Earl of Hartfell by the Protector 
before his lordship left London. But his efforts were soon after this crowned 
with success, as, on 6th November, an act of remission was passed in his 
favour. The book of the council of state for that date has the following 
entry : — " Ordered by his Highness the Lord Protector and the councell 
that the fine imposed on the Earle of Hartfield by the ordinance of pardon 
and grace to the people of Scotland be wholly remitted and discharged." 2 

In the record of Cromwell's second parliament of both nations, held at 
Westminster 27th July 1654, "Col. James, Earl of Hartfell," is named as a 
member of parliament for the shire of Dumfries. Of the thirty members for 
Scotland who were summoned to this parliament only twenty-one obeyed 
the summons. The Earl of Hartfell was one of those. As a peace-loving 
subject he had no alternative but to recognise, to a prudent extent, the 
Protector, whose authority was paramount for the time. The earl attended 
several of the parliaments of the Protector. By an order and declaration, of 
date December 21st, 1655, the council of state named commissioners of the 
shires, burghs, etc., in Scotland. Those named for the shire of Dumfries 
included General George Monck, one of his Highness' council in Scotland, and 
the Earl of Hartfell and others. On 17th September 1656, and again on 26th 

1 Vol. ii. of this work, p. 305. being made out subsequent to the year 1661, 

there is included the fine of " £500 sterling, 

2 Annandale Peerage Minutes of Evidence, which fine was of loss and expence above 
1879, p. 767. In an account of the sufferings £900 sterling is £10200 : 00 : " Scots. [Ibid. 
and fines of the earl, which bears evidence of 1S7S, p. 733.] 



DISCOVERY OP MOFFAT SPA, AND REPAIR, 1657. ccxxi 

January 1659, when new commissioners of counties and towns of Scotland 
were appointed, the earl is again named for the shire of Dumfries along 
with General Monck and others. 1 

While Mr. Whyteford, afterwards promoted to be Bishop of Brechin, was 
minister of Moffat, in the reign of King Charles the First, his only daughter 
Bachel is popularly stated to have discovered, in 1633, the merits of the far- 
famed Moffat spa. But another account has been given of the origin of this 
spa. Matthew Mackaile, in 1659, published an account of the spa under the 
title of " The Moffet Well, or a topographico-spagyricall description of the 
Mineral Wells at Moffet, in Annandale of Scotland." 

Mr. Mackaile afterwards, in 1664, published a new edition of his work, 
translated and much enlarged, in which he gives an account of the discovery 
of the Moffat well. An invalid, he says, who was accustomed to make 
annual visits to the wells at Brampton, in travelling through Annandale 
discovered there a smell similar to that of the Brampton wells, and this led 
him, about the year 1653, to trace out the Moffat well. The invalid discoverer 
of the well recommended it to his friends, asserting that the water was 
enriched with the like virtue of the water of Brampton and that of many 
other spas ; and in the course of twelve months all sorts of sick persons 
resorted to it from all parts of the country. 2 

As illustrating the celebrity of Moffat spa, it may be noted that, in 16 GO, 
Lady Mary Scott, Countess of Buccleuch, then thirteen years of age, whose 
health had for some years been very unsatisfactory, was recommended by 
ten physicians and surgeons, met in consultation on 26th April of that year, 
to follow a course of treatment, including the drinking of Moffat well, 
which she was to take " according to the direction of the physicians." 3 

Mr. Mackaile proceeds to explain in his work that two years had not 
elapsed since the Earl of Hartfell was pleased to command the dressing of 

1 Acts of the Parliaments of Scotland, vol. vi. part ii. p. 839 a , 85P, 881b. 

2 Moffat Well, by Matthew Mackaile, Ed. 1664, pp. 10, 43, 44. . 

3 The Scotts of Buccleuch, vol. i. p. 375, note. 



CCXxii JAMES, EARL OF ANNANDALE AND HAETFELL, 1653-1672. 

the well, and also the surrounding of it with a wall, so that the entry to it is 

much improved. 

In reference to the repair and preservation of the well hy the earl, as 

stated by Mr. Mackaile, there is corroborative evidence that his statement is 

correct in an order made by Cromwell's council in Scotland as follows : — 

By his Highnes Councill in Scotland for the government thereof. 

Whereas James, Earle of Hartfell, hath peticioned the councill for some allowance out 
of the vacant stipends of the parishes of Moffett and Kirk-Patrick-Juxta remaineing in his 
hands for makeing the Well of Moffett convenient and secure hy raiseing a font and walls 
about the said well, vppon consideracion of the premisses the councill doe order, and it is 
heereby ordered that the said Earle bee allowed twenty-fiue pounds sterling out of the 
remainder of the vacant stipends of the parishes aforesaid in the hand of the said Earle to 
bee imployed, by aduice and concurrance of William Eosse, Esquire, comissary of Dumfreeze, 
for putting the said well of Moffett in such a condicion that people may securely make vse 
of the said well, which twenty-fiue pound aforesaid Mr. Daglish, collector of the vacant 
stipends, is to allow accordingly. And Mr. Eosse is heereby appointed to see it don 
according to the intent of this ordour by the first of May next, and giue an accomptt of the 
issues of the said fiue and twenty pound to the councill about that time. Giuen att Edin- 
burgh the twentieth day of August 1657. George Monck. 

J. StJlNTOUNE. 

Ad. Scrope. 
Nath. Whetham. 

Two years previous to the Act of 1659 appointing General Monck as one of 
the commissioners for the shire of Dumfries, he made the above order to his col- 
league in the representation of the county for the improvement of Moffat well. 

The order is impressed on the top with the seal of the council of Scot- 
land on wax, a shield, having a Saint Andrew's cross charged in the centre, 
with an escutcheon bearing a lion rampant. The shield is surrounded with 
the inscription, " Sigillvm concillii Scotie." 1 

Health-seekers have for two centuries resorted to Moffat spa, and many 
marvellous cures of invalids from its virtues have been recorded. It is situ- 
ated near Archbank, on the property of Mr. Hope Johnstone. Another spa 
was subsequently discovered to the east of the Moffat well, in the mountains 
of Hartfell, and is known as the Hartfell spa. 

1 Original order in Annandale Charter-chest. 



MAKES A NEW ENTAIL OF PEERAGES AND ESTATES. CCXXUl 

CHAPTER SECOND. 

Seven years without children of his marriage — Birth of two daughters by 1654 — He makes 
a disposition and entail of his estates, 1655 — Provision in favour of his heirs-female, 
in case of failure of heirs-male of his body, of the earldom of Hartfell — Death of his 
only brother, Lieutenant-Colonel William Johnstone, without issue, 1656 — Consequent 
failure of male heirs in the main line of the Johnstones — Anxiety of the Earl to secure 
the succession to his peerages and estates to the heirs of his body — He makes a further 
entail and resignation of his inherited peerages and estates, 1657 — Provisions of the 
entail in favour of his heirs-female — Circumstances in which the entail was made — 
Appointed by Charles the Second Commissioner for plantation of Kirks and valuation 
of Teinds, 1661 — He is placed on other commissions — Created Earl of Annandale, 
1661 — Crown charter of confirmation of the earldom of Annandale and Hartfell, includ- 
ing the peerages, 1662 — The validity of his title to the peerages and territorial earldom 
— Eecommended to the king on account of his sufferings and losses — Made a Privy 
Councillor, 1661 — Appointed heritable steward of the stewartry of Annandale, 1662 — 
Made hereditary keeper of the castle of Lochmaben. 

In the years 1655 and 1657, the Earl of Hartfell granted a series of deeds 
the effect of which was designed to change the order of the succession to his 
peerages and estates. There were strong reasons moving his lordship to take 
this important step. The moving causes leading up to them, the deeds them- 
selves, and the change which they had in view, together with the subsequent 
creation of three new peerages in the family in 1661, and the order of 
succession stated in the grant of these peerages, will now be described. 

The two peerages and large landed estates possessed by the first Earl of 
Hartfell, and to which his son, the second Earl, succeeded on the death of 
his father in 1653, were held under the restricted limitation to heirs-male 
general. Female heirs were excluded from the succession. If, therefore, 
upon the death of the second earl, there was a failure of heirs-male in the 
main line of the family, the Hartfell and Johnstone peerages and estates 
would descend to heirs-male collateral. This gave rise to anxiety on the 
part of the family to have heirs born to them who could inherit their 
possessions, and it was sought by the marriage in 1645 between Lord 
Johnstone, when quite young, and his distinguished bride, who was still 
younger, which has been already noticed, to provide such heirs. The case 



CCXxiv JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

was somewhat analogous to that of the nearly contemporary one of the great 
Marquis of Montrose, an only son, who was married at the early age of 
seventeen, in the hope of providing heirs to his peerages and estates. 

But although the second Earl of Hartfell was thus early married, his hope 
of having heirs-male of his body to succeed him was at first, and for a long 
period of years, disappointed. Six years passed away after the marriage 
and still no child was born to the Earl and Countess of Hartfell. In 1652, 
the seventh year from the date of the marriage, a daughter was born. In the 
years 1654, 1657, 1658, and 1659, four children were born in succession, but 
all of them were daughters. Thus in 1655, ten years after the marriage of 
the earl, no son was born to him, but only daughters. In these circum- 
stances the Earl of Hartfell, beginning to despair of the continuance of his 
direct male line, took very formal proceedings in the years 1655 and 1657 
for the purpose of securing that his peerages and estates should be 
inherited by the children of his own body, and not by collateral heirs-male. 

On 15th February 1655, his lordship made a bond, disposition, and 
entail in favour of his countess and their children. The bond narrates 
that by the marriage contract between them, Lady Henrietta, his countess, 
was provided in conjunct-fee to the manor-place of Lochwood and adjoining 
lands, of the annual value of eight thousand merks Scots, and that the 
earldom of Hartfell, with the lordships, baronies and lands belonging 
thereto, was entailed to the heirs-male of their bodies, failing whom, to their 
other heirs-male whatsoever. It recites further, that for the love he had to 
his countess, and also for certain good deeds done to him by her parents, the 
Marquis of Douglas and Lady Mary Gordon, his spouse, he obliged himself 
and his heirs to infeft Lady Henrietta in liferent in the manor-place of 
Newbie and adjacent lands, of the yearly value of 8000 merks Scots, in lieu 
of the liferent conjunct-fee of the manor-place and lands of Lochwood. 

The bond of entail contains the provision that in the event of the decease 
of the earl, without male issue, his earldom of Hartfell should be inherited by 



DEATH OF LIEUTENANT-COLONEL WILLIAM JOHNSTONE, 1656. CCXXV 

the heirs-female of his body. It also rescinds all former entails of his lands 
made by the earl or his predecessors in favour of heirs-male other than those 
of his own body, and obliges him never to make any entail or disposition of 
his estates, failing heirs-male of his body, to the prejudice of the heirs- 
female of his body. The earl obliged himself to warrant the new disposition 
and entail in favour of his heirs-female at all hands. 1 

Two years after making the bond and entail now described, the Earl of 
Hartfell took still more formal proceedings to secure the object he had in 
view in making that deed. In the interval between the date of that bond 
and entail and that of the entail and resignation which he now made, his 
anxiety upon the subject was considerably increased by an event which 
materially affected the succession to his peerages and estates. This event was 
the death of his only brother, Lieutenant-Colonel William Johnstone, without 
issue. James, first Earl of Hartfell, as shown in his memoir, left of male issue 
only two sons, James, the second earl, the subject of the present Memoir, 
and Lieutenant-Colonel William Johnstone of Blacklaws in Evandale. The 
colonel had for some time received the courtesy title of Master of Johnstone, 
as heir-presumptive to his brother, Lord Johnstone, until his lordship should 
have a son born to him. Colonel Johnstone had gone abroad and attained 
rank in foreign military service. He returned to Scotland, and was residing 
with his friends in Annandale in the end of the year 1656. In the book of 
accounts of Hew Sinclair, who was chamberlain to the earl for many years, 
including the years 1654 to 1662, there occur the following among other 
entries relating to Lieutenant-Colonel Johnstone, which show that he died at 
Newbie after sickness, and that his corpse was embalmed and buried there 
on 19th February 1657. 

"1657, 26th January. Item, for 48 torches sent to Newbie to Lieu* 
Coll. Jonstounes buriell the 19th of Februarii 1657, at 12s. the peice is, 
£28, 16s. 

1 Annandale Peerage Minutes of Evidence, 1878, pp. 719, 720. 
VOL. I. 2 F 



CCXXvi JAMES, EARL OF ANNANDALE AND HARTEELL, 1653-1672. 

"April 1657. Item, to Mr. John Strudgen to give Doctor Nairne in 
attending the Live. Coll. in his seiknes and imbalmeing his corpes, 
£66, 13s. 4d." 

As Lieutenant-Colonel Johnstone died unmarried and without issue, his 
remaining brother, James, second Earl of Hartfell, was the only surviving 
male representative of the family of Johnstone. The failure of male heirs in 
the main line of the Johnstones was thus very remarkable. At this 
juncture, if the Earl of Hartfell himself had died as well as his younger and 
more robust brother — and Earl James was often in indifferent health, and 
ultimately died at the comparatively early age of forty-seven — all the 
peerages of Hartfell, Johnstone, Moffatdale and Evandale, would have been 
escheated to the commonwealth and lost to the family. The patents 
were limited to heirs-male, a limitation which has been construed to mean 
heirs-male collateral. After the lapse of a century and after extensive and 
exhaustive investigations, no one has been able to establish a claim as heir- 
male under these patents. 

Considerations such as these evidently pressed upon the mind of the 
Earl of Hartfell. He had by the 18th of January 1657, three daughters, no 
sons, no brothers, no uncles, and no known male relation direct or collateral. 
He had, besides his daughters, two sisters, both married, with children, 
probably nephews and nieces. As the long period of twelve years had 
elapsed since the date of his marriage, it was only natural that he should 
begin to despair of the continuance of his direct male line. 

Thus the death of the earl's only brother without issue, and the delay 
of a son of his marriage, really produced a serious crisis in the history 
of the family. New arrangements for the resettlement of the peerages 
and estates became necessary, in order to bring in his daughters and 
sisters and their descendants into the succession. The deed now to be 
described shows that the Earl of Hartfell acted in this manner. On 
14th May 1657, he made a resignation of all his heritable estates, and 



RESIGNATION OF PEERAGES AND ESTATES, 1657. ccxxvii 

also of all his peerages, for a regrant thereof in favour of himself and the 
heirs-male of his body ; whom failing, to the heirs-female of his body ; whom 
failing, to his sisters and the heirs of their bodies. The entail and resigna- 
tion, which is a very formal document, prepared and written by Mr. William 
Syme, advocate, bears to be made by the earl for the weal and standing of 
his family, honour and dignity, in his own posterity and children of his body, 
and failing them, in the persons of his other heirs of entail and provision 
therein specified. The Earl of Hartfell thereby became bound for himself 
and his heirs-male, tailzie and provision, and all his other heirs, to make 
resignation of his honour, title, and dignity, of Earl of Hartfell, Lord 
Johnstone of Lochwood, Moffatdale, and Evandale, and of all lands, 
lordships, baronies, and regalities, etc., and all other lands and heritages 
whatsoever belonging to him, within Scotland. The resignation was to be 
made in the hands of the superiors of the earl, or their commissioners 
having power to receive such resignations, in favour of and for new 
rights and infeftments to be made and granted to the earl himself and 
the heirs-male of his body, which failing, to the heirs-female of his body, 
according to their birth successively, without division, and the heirs of 
their bodies ; which failing, to his sisters, Lady Mary Johnstone, spouse 
to Sir George Graham of Netherbie, knight and baronet, and Lady Janet 
Johnstone, spouse to William Murray of Stanhope, and their descendants 
in the order and under the conditions specified in the entail ; which all 
failing, to any such person or persons as the earl in his lifetime should 
nominate and design by any other deed ; and failing of the foresaid heirs of 
entail, or such designation on the part of the earl, the said title, dignities, 
and estates were to belong to his heirs and assignees whatsoever. 1 

That resignation and bond of entail was subscribed by the Earl of Hartfell 
at Netherbie, in Cumberland, the residence of his eldest sister, Lady Mary, 
wife of Sir George Graham of Netherbie, baronet. According to a minute at 
1 Annandale Peerage Minutes of Evidence, 1S76, pp. 26S-274. 



CCXXviii JAMES, EARL OF ANNANDALE AND HARTPELL, 1653-1672. 

the end of the resignation, on 19th June. James Brown, macer, made the 
resignation in the hands of Judge Mosley, president of the exchequer, before 
six witnesses, officials of exchequer, and others not named. The minute of 
resignation is attested by two notaries-public. 1 

The intention of the Earl of Hartfell to divert the succession to his 
peerages and estates so as to include his heirs-female after the heirs-male of 
his body is very clear from the entail of 1655 and the entail and resignation 
of 1657. But it receives further attestation in other deeds of settlement 
which his lordship also made about this time. One of these is a general 
assignation in favour of the heirs-male of his body ; whom failing, his eldest 
heir-female, without division, and the heirs of her body ; whom failing, his 
heirs of entail and provision, of all bonds, heritable or moveable, to which he 
had right, and to all debts and sums of money that might be owing to him at 
his death. 2 Another of the deeds referred to is that of a bond of provision by 
the earl to Lady Margaret Johnstone, his second daughter, for an annual 
rent out of his lands, which was to be held of him, his heirs-male, and of 
entail, mentioned in a bond of entail. 3 

The bond, disposition, and entail by the earl in favour of his countess 
and their children in 1655, obliging himself to infeft the former in the lands 
of Newbie, the earl now followed with a bond of provision in her favour, 
whereby he provides her in liferent in the lands of the Mains of Newbie 
and others in place of the lands of Woodend and others provided to her by 
her marriage-contract. The bond contains a procuratory of resignation. 4 

These several deeds, including the entail and resignation of 14th May 1657, 
were all written by Mr. William Syme, advocate, and attested by him and 
other two witnesses. They are also all subscribed by the earl, but, unlike the 
entail and resignation, the other deeds are without date, although the bond 
of provision to Lady Margaret has written at the foot of it the date 14th May 

1 Annandale Peerage Minutes of Evidence, 1876, p. 274. 

2 Ibid. 1S77, p. 580. 3 Ibid. pp. 583-584. 4 Ibid. pp. 581-583. 



RESIGNATION OF PEERAGES AND ESTATES, 1657. ccxxix 

1657. In the Annandale chamberlain's accounts for the period occur the 
following entries relative to these deeds : — 

"1656, April 5. Item, to Commissar Nisbet, with a consultation with Mr. 
William Syme anent the tailye, quherto the paton of eardom [patent of earldom] 
wold be sein, and concerning my ladyes excheange of hir ladyships joyntur to 
Newbie, inde 5 doners, . . . . . 014 10 

" 1657, May 17. Item, to Commissar Nisbet at Edinburgh for a consultation 
anent the paper of drawin be Mr. William Syme, 5 dollers is, 0014 10 

" 1657, September 11th. Item, to Ja. Broun for passing and assisting resig- 
nation tailzie to your daughters, to get it quyetlie done," . 006 00 0" 1 

The executing of so many deeds on the lines now set forth at this 
particular time, and in the particular state of the family, brings out the 
intense desire of the Earl of Hartfell to prefer his daughters and sisters to 
any heirs-male collateral in the succession to his peerages and estates, and 
also that he was concerning himself to make provision for his female heirs. 

The most important of all these deeds is the bond of entail and resigna- 
tion of 14th May 1657. The law and practice of resignation taken advantage 
of by the Earl of Hartfell was common in Scotland. Holders of dignities or 
landed estates had the privilege of denuding themselves of their rights to 
these for the purpose of receiving a regrant of them to the same heirs or to 
a series of heirs different from that vesting at the time of the resignation. 
The form of resignation varied. It was made either in the hands of the 
king, or of the privy council, or of the barons or judges of exchequer. In 
England resignations of peerages were deemed effectual only if made in 
the hands of the sovereign. But in Scotland each of these forms was recog- 
nised, and there are many instances of resignations made, both of peerages 
and estates, in each of these forms which were followed by a regrant from 
the king. In the case of a resignation of an estate in any of these forms, 
the regrant was invariably made to the series of heirs desired by the person 
making resignation. But in the case of a resignation of a peerage, the crown 

1 Accounts for the year 1C56 and 1657, pp. S5, 114, 125, in Aunaudale Charter-chest. 



CCXXX JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

claimed the prerogative of giving a regrant of the title to the new series of 
heirs desired, or otherwise. The effect of the resignation of a peerage was 
that the person resigning was divested for the time of his honours, and lie 
had the use of these only by courtesy until he received a regrant of them. 
In the interval between the resignation and regrant, the series of heirs under 
the original grant of the peerage were barred from succeeding to it. But the 
new series of heirs were vested with no right to the peerage in question until 
the regrant was given in their favour by the king. 

The Earl of Hartfell made resignation of both of his peerages of Hartfell 
and Johnstone, and also of his estates. His resignation was made in the 
hands of the judges of exchequer, which was the usual form of making 
resignations. It was thus in legal form and according to a common privilege. 
After the Eestoration the crown acknowledged the validity of every other 
resignation made during the commonwealth, although generally with some 
remark in the quaequidem clause about the pretended commissioners of 
exchequer. It does not therefore militate against the validity of the 
resignation of the Earl of Hartfell that he made it in the hands of the officers 
of the commissioners of exchequer at the time. The resignation, as has been 
seen, was made at a time when an emergency in the history of the Hartfell 
family had arisen. If the Earl of Hartfell had died after the resignation 
made by himself in 1657, leaving only daughters, his peerages and estates 
might have been claimed by the Protector's government as the feudal 
superiors in place of King Charles the Second. That government claimed 
to be the true and lawful superiors, and of course they adopted that position 
with all the obligations attaching to it. The earl could therefore plead 
urgency in making the resignation. 

In ordinary course a regrant would have followed immediately upon 
the resignation of the Earl of Hartfell, in such terms as the feudal superior 
decided. In adopting the course of making a resignation of his peerages 
and estates, and a new disposition in favour of the heirs of his own body, the 



RESTORATION OF KING CHARLES THE SECOND, 1660. CCXXxi 

Earl of Hartfell was well advised by the ablest feudal lawyers of the day. 
The step was no hasty or ill-considered one, but carefully advised after long 
consultation with the learned lawyers. No trace of any charter by Cromwell 
following upon the resignation of 1657 has been found, either in the Eegister 
of Scotch Charters granted by him, or otherwise. Even if Cromwell had 
made a grant to the Earl of Hartfell of his peerages and estates to a different 
class of heirs than to those of his own body mentioned in the resignation, 
King Charles the Second would have disregarded such a grant as inconsistent 
with the bounty and generosity shown by him in his own patent and crown 
charter of the old and new peerages and estates. 

The commonwealth of Cromwell, which had been maintained by his own 
firm hand, soon crumbled to pieces under the feebler protectorate of his son, 
Eichard. The restoration of King Charles the Second took place on 29th 
May 1660, and many of his loyal subjects, including the Earl of Hartfell, 
who had suffered for the royal cause by fines and imprisonment, had their 
sufferings and loyalty considered under the restored sovereign. 

The king entered London amid great demonstrations of joy upon the part 
of the people on 29th May. The Earl of Hartfell evidently joined in the 
general rejoicing, as he was in London from the 28th May to the 12th July 
1660, as appears from the following entry in the account of his chamberlain : — 

" Item, to my lord at his goeing to London, and sent to him since betuixt the 
28th of May and the 12th of July (60), as ane syde of my paper in my book 
of chairge doeth clearly instruct, £3466, 13s. Sd." 1 

The restored monarch soon conferred upon the Earl of Hartfell substantial 
marks of his royal favour. On 13th February 1661 he bestowed upon him 
the three new peerages of Earl of Annandale, Viscount Annand, and Lord 
Lochmaben. Even so early as July of the previous year, only two months 
after his restoration, the king must have notified to the earl his intention 

1 Accounts in Annandale Charter-chest. 



CCXXxii JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

to grant him a patent of these peerages, and also the high office of steward 
of Annandale, as the following excerpt bears : — 

"25th July 1660. — Item, to Andrew Mairtein for wryteing of my lord's 
patent to the erledome of Annandaile, and a signatour for the stewartshipe 
therof, which was sent to London." l 

This entry in the account of the chamberlain of Annandale plainly 
instructs that the king and his advisers had been so very favourable to the 
Earl of Hartfell, and so anxious to gratify him in reference to the regrant 
of his peerages and estates, that he actually intrusted the preparation of the 
new patent of the earldom of Annandale, and also the signature for the 
office of steward, to the legal advisers of the earl himself. 

The patent, which is dated 13th February 1661, narrates the previous 
patent of the creation of the Earl of Hartfell in 1643, and acknowledges 
the faith, love, services and losses of the earl in the affairs intrusted to 
him, fully proved by many testimonies. It then proceeds, that the earl 
and his heirs might be stimulated to continue their fidelity towards 
their king and country, and to tread the same track of virtue, considering 
that James (Murray), Earl of Annandale, died without heirs-male of 
his body, that his diploma and dignity reverted to the crown, and that no 
one was so worthy to enjoy the said title, as well because of his merits 
as of the proximity of the estates of Annandale to those of Hartfell ; 
and the king graciously desiring to confer on the earl some token of his 
royal love by accumulating honour upon honour, as well on account of his 
merits as that he and his heirs may be incited to tread in his footsteps ; 
therefore the king created and inaugurated James, Earl of Hartfell, and his 
heirs-male, whom failing the eldest heir-female of his body, without division, 
and the heirs-male of the body of the said eldest heir-female, whom all fail- 
ing the next heirs whomsoever of the said earl, in all future ages, Earls of 

1 Accounts in Annandale Charter-chest. 



PATENT OF EARLDOM OF ANNANDALE, 1661. CCXXxiii 

Annandale and Hartfell, Viscounts of Annand, Lords Johnstone of Lochwood, 
Lochmaben, Moffatdale and Evandale, and ordained that the earl enjoy the 
place granted to the deceased Earl of Hartfell in the year 1643. 1 

The patent of these peerages which the Earl of Hartfell now received, 
shows that he was in great favour with the king. It sets forth his services 
and sufferings in very complimentary terms ; it expresses the king's gratitude 
for these ; it introduces the heirs-female in terms of his lordship's resigna- 
tion, and it bestows upon him three additional peerages. The intention of 
the king was manifestly to please and gratify the earl. The patent was not 
merely a grant of new peerages, with new and extended limitations to include 
heirs-female; it was also a regrant of the old peerages of 1633 and 1643, 
of which the earl had denuded himself by his resignation of 1657. 

King Charles the Second added to the gift of a patent of peerages to the 
Earl of Annandale and Hartfell the grant of a crown charter dealing with 
the estates of the earl. Meantime, while this charter was in course of pre- 
paration, his lordship received several public appointments. He was appointed 
one of a comprehensive mission for the plantation of kirks and valuation of 
teinds. He was also appointed one of the commissioners for raising the 
annuity of £40,000 sterling to the king. 2 An act and commission being 
passed by parliament in favour of James, Earl of Queensberry, and William, 
Lord Drumlanrig, his son, regarding their losses in 1650 by the invasion and 
destruction of their property, to the extent of £2000 sterling, the Earl of 
Annandale and Hartfell was chosen one of the commissioners to take trial 
of the persons complained of, and to apportion the sum amongst them. 3 

In parliament on 1st May 1661, Archibald, Marquis of Argyll, was tried 
for treason. The records of parliament bear that the Earl of Annandale 
and several other peers did not debate nor vote, because they were to be 

1 Annandale Peerage Minutes of Evidence, 1S25, p. 7. 

2 Acts of the Parliaments of Scotland, vol. vii. p. 91 b . 

3 Ibid. p. 96. 

VOL. I, 2 G 



CCXXxiv JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

witnesses in the case. On 6th May of the same year witnesses against 
Argyll were examined, but Annandale is not mentioned as one of them. 1 

On 23d April 1662 the king granted to the Earl of Annandale and Hart- 
fell a crown charter under the sign-manual and great seal. The warrant for 
the charter, which is still preserved, shows that it had been intended to be 
completed at the same time as the patent for the peerages. 2 The limitation of 
heirs in the charter is in favour of James, Earl of Annandale and Hartfell, 
Viscount of Annan, Lord Johnstone of Lochwood, Lochmaben, Moffatdale, 
and Evandale, and the heirs-male of his body, which failing, to the heirs - 
female of his body, without division, and heirs-male of the body of the said 
eldest heir-female, carrying the name and arms of Johnstone, which failing, 
to the earl's nearest lawful heirs whatsoever, of the lands and barony of 
Johnstone, Corrie, Knock, Newbie, barony of Moffatdale, and the heritable 
office of keeper of the king's castle of Lochmaben, with the fees and other 
dues thereunto belonging. 

The king also by that new charter granted to the earl, and the heirs-male 
of his body, whom failing, to the heirs-female of his body, without division, 
and the heirs-male of the body of his eldest heir-female, which failing, to 
his nearest and lawful heirs whatsoever, the lands, lordships, baronies, and 
others therein specified, which the king also thereby erected, created and 
incorporated into a free barony, lordship, and earldom, regality and justiciary, 
to be called the earldom of Annandale and Hartfell, and lordship of John- 
stone, with the title, style, and dignity of an earl, according to the date of 
the patent granted to the earl and his father. The king also thereby erected 
the town and territory of Moffat into the burgh of barony and regality of Moffat. 

Throughout this Magna Carta of the new earldom of Annandale there 

1 Acts of tbe Parliaments of Scotland, the warrant, the year 1662 had been origin- 
vol. vii. Appendix, p. 65». ally engrossed 1661, and deleted, and the 

year of the king's reign was corrected to the 

2 Annandale Peerage Minutes of Evidence, " 14th," by the deletion of the word " thir- 
1844, pp. 94-111. In the testing clause of teenth," 



MAGNA CARTA OF THE EARLDOM, 1662. ccxxxv 

are many expressions of the king's gratitude and favour to the earl, of whose 
loyalty, fidelity, services, and sufferings, he had many testimonies. At the 
end of the warrant there is a docquet hy the Lords Commissioners of 
Exchequer in Scotland fixing the " composition ane hundreth merks, in 
respect of his father and his awne knawin affections to, and sufferings for, 
the kingis service." 

The docquet of the secretary of Scotland, which is also appended to the 
warrant, is signed by the Earl of Lauderdale, who was a very learned officer of 
state, and thoroughly experienced in the affairs of Scotland. Docquets were 
intended for the eye of the sovereign before he affixed his sign-manual. 
This docquet specially mentions " the Earldom of Annandale and Hartfell, 
with the dignity of ane Earle according to the date of James, Earle of 
Annandale and Hartfell, and his deceased father, their patents." 1 

It is not every peer of Scotland who holds both a formal patent or 
diploma of his creation as a peer, and a warrant under the sign-manual for 
a charter, and also the charter under the great seal of Scotland, erecting 
the landed estate into an earldom of the same name and designation as that 
created by the patent. The diploma of the peerage, and the crown charter 
erecting the lands of the grantee into an earldom of the same name, in- 
cluding the peerage itself to the same heirs, is as valid legal evidence of 
the creation as could be devised at the time. 

But the Earl of Annandale's right to the peerage and the territorial earldom 
was still further fortified by a special act of the parliament of Scotland on 
19th October 1669. That act was passed eight years after the valid 
creation of the dignity, and the crown charter of the title and territory. 
During these years the Earl of Annandale was in the undisputed right and 
possession of that peerage both under the diploma and the crown charter. 
It was in the second parliament of King Charles the Second, held by John, 
Earl of Lauderdale, as commissioner, that an act was passed, titled " Katifica- 

1 Annandale Peerage Minutes of Evidence, 1844, p. 111. 



ecxxxvi JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

tion in favors of James, Earle of Annandale and Hartfell, etc., of the 
Earledome of Annandale and Hartfell," etc. 1 The act makes special reference 
to the charter of erection, dated 23d April 1662, with the novodamus therein 
mentioned, and erection therein specified in a free barony, lordship, earldom, 
regality, and justiciary, with free chapel and chancellary, to be called the 
earldom of Annandale and Hartfell and lordship of Johnstone, " with the 
title, style, and dignity of earle thereof." 2 

After the restoration of King Charles the Second in 1660, an act of 
parliament was passed in favour of the Earl of Annandale and Hartfell, on 
25th June 1661. The act proceeded upon a report by the commissioners 
appointed by his Majesty's commissioner and the estates of parliament for 
trying the losses, fines, and sufferings sustained by the then Earl of Hartfell 
and his father for their loyalty to the king during the troubles. The 
commissioners reported that the Earl of Aunandale and his father throughout 
that period gave signal proof of their loyalty to the king, for which they 
suffered, particularly in 1644, when, having joined the Marquis of Montrose, 
upon the retreat which followed, the Earl of Hartfell was taken prisoner, kept 
in Edinburgh Castle for a year, and fined £12,000, the annual rent of which 
now extended to £24,400 Scots. Also in 1645, after again joining with the 
Marquis of Montrose, he was once more taken prisoner at Philiphaugh, com- 
mitted to several prisons, pursued for his life, and after an expensive and 
tedious process was fined £100,000 Scots, and forced to pay the sums of 
money which they specified. As the earl's fines and sufferings had been 
extraordinary, the commissioners recommended his case to the king. 
Besides the fines mentioned in their report, the commissioners refer to the 
sufferings the earl sustained by his long imprisonments, the great expense 

1 Acts of the Parliaments of Scotland, the ratification in favour of the Earl of Annan- 
vol, vii. p. 641. dale and Hartfell should be without prejudice 

to the viscount. At the same time, the Earl 

- On the same day William Murray, uncle of Annandale and Hartfell " protested in the 
to the Viscount of Stormont, protested that contrare. " 



ESTIMATE OF HIS LOSSES AND SUFFERINGS. ccxxxvn 

incurred in his defence, and such hardships as that his whole rents were 
seized, two troops of horse were quartered on his lands, the loss and damage 
of which, the commissioners of their own knowledge say, can he no less than 
£40,000, and his house of Newbie was plundered, and silver plate and 
household plenishings to the value of £15,000 carried away. The commis- 
sioners estimated the whole losses of the earl at £288,700 Scots, which 
represents in English money £24,058 sterling. The report of the commis- 
sioners was subscribed by them at Edinburgh on 15 th June 1661. Parlia- 
ment appointed the report to be recorded in their books, and regarding 
the Earl of Annandale's losses and sufferings recommended him to his 
Majesty. 1 

King Charles the Second had not sufficient funds to reimburse the Earl 
of Annandale and Hartfell in money ; he had, however, other modes of 
recompensing his loyal subject. He could confer honours and offices. 
Charles had already acknowledged the loyalty and sufferings of the earl in 
this way by creating him Earl of Annandale, Viscount of Annan, and Lord 
Lochmaben. These new dignities were held by the earl conjointly with the 
old and with the precedency of the date of the creation of the Earl of 
Hartfell. In addition to these the king now granted to the Earl of Annan- 
dale and Hartfell the magna carta of his earldom of Annandale and Hartfell, 
with baronies, lordships, and regalities, as previously explained, with an 
extended class of heirs-female in accordance with the earl's desire. He also 
bestowed other royal favours upon him. He made him a privy councillor. 2 
He also made him heritable and principal steward of the stewartry of 
Annandale, by a grant under the privy seal at Whitehall, 23d April 1662, 
and hereditary keeper of the castle of Lochmaben, by the crown charter of 
1662, as previously related. 

1 Acts of the Parliaments of Scotland, vol. vii. pp. 277, 278. 

2 13th July 1661, Annandale Peerage Minutes of Evidence, 1878, p. 721. 



CCXXXviii JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 



CHAPTER THIED. 

Engaged in suppressing the rising in Galloway, which ended at Pentland in 1666 — Appointed 
captain of a troop of horse, 1667 — Names of the officers of his troop — Money raised 
for payment of the troop — Engaged as a privy councillor in the proceedings against 
the covenanters — Included in commission of justiciary for the trial of the cove- 
nanters, December 1666, hut did not act under it — Disbanding of the army, 1667 — 
Present at committee of privy council with reference to conventicles, 1669 — Attends 
the privy council meeting on the same matter, 1670— His circumstances in regard to 
money matters — His affectionate relations with his countess — His indifferent health — 
He makes his last will and testament — His death, 1672 — His directions for his funeral 
— His eleven children, four sons and seven daughters. 

A few years after the Restoration serious troubles in connection with 
ecclesiastical affairs broke out in Galloway. Many presbyterians in that and 
the adjacent districts would not conform to episcopacy. Fines and other 
exactions were imposed on the non-conformists, such as cess or quartering 
money for soldiers sent to districts to collect the fines, etc. Sir James 
Turner was the military officer employed by the government to levy the 
fines, etc. He was stationed at Dumfries. A party of his soldiers had 
occasion to be at Dairy, in Galloway, in the discharge of their duties. A few 
persons in Dairy having seen the soldiers driving an aged man harshly, as 
they thought, got into collision with them. The country people organised 
a scheme for the purpose of capturing Sir James Turner and making 
him a prisoner. In that enterprise they were successful. The people, 
encouraged by their success, increased in numbers, and formally took the 
field against the government. This was the beginning of the rising in arms 
in the year 1666, otherwise commonly called the Pentland insurrection. 
The insurgents marched to Mauchlin, Ayr, Lanark, and other places. They 
kept Sir James Turner a prisoner, and carried him with them from place to 
place. But their first success did not continue on their march towards 
Edinburgh. By the time they reached the Pentland Hills their army was 
quite unequal to cope with the army raised by the government, headed by 



CAPTAIN OF A TROOP OF HORSE, 16G7. CCXXxix 

the veteran, General Thomas Dalzell of Binns. 1 The general succeeded in 
vanquishing the insurgents on 28th November 1666, at a part of the Pent- 
land Hills known as Bullion Green. 

In that battle the covenanters were led by Colonel James Wallace. 
The ground was chosen by him, and the disposition which he made of his 
men was the very best, when he had to oppose an enemy three times the 
number of his own troops. The battle at Pentland was a well-fought field, 
not a disgraceful rout like that which afterwards happened, under a very 
different leader, at Bothwell Bridge. 2 

The Earl of Annandale and Hartfell was appointed to a command in the 
army of the government in the rising of 1666. On the day of the battle of 
Bullion Green, Annandale writes to his countess from Drumlanrig, that he 
expects orders to march to Clydesdale against the covenanters, and on the 
30th of the same month he writes again to her that he is marching to 
Crawford. 3 On 1st January 1667 King Charles the Second granted a 
commission to Annandale to be captain of a troop of horse to be raised 
by him for service in the regiment of which Lieutenant-General Drummond 
was colonel. This commission was a coveted one at a time when, according 
to Wodrow and other contemporary writers, a captain's commission was as 
profitable as a good estate. 4 By the terms of his appointment Annandale 
was to raise the troop with all speed, to exercise it in arms, to keep officers 

1 General Dalzell was a noted royalist, and or cut since the execution of King Charles 

many stories are related of him in connection the First. The large toothed bone comb, 

with the antagonistic attitude which he with which the general dressed his hirsute 

assumed towards the covenanters. Many of appendage, is still preserved at Binns House, 

these stories are apocryphal. At his mansion- 2 Notices of Colcmel James Wallace in 

house of Binns there is a budding attached Memoirs of william Veitch and George 

to it known as the Oven. The general is Brysson) by the Rev . Dr Thomas M<Crie . 

said to have roasted the covenanters there. wmigm Blackwood, Edinburgh, 1825, p. 361. 
But the oven was really required for baking 

bread for the regiment of Scots Greys raised 3 VoL "■ of this work ' P- 309 - 

by him. One of his portraits at the Binns 4 Wodrow, History, folio edition, vol. i. 

shows him in his very long beard, never shaved p. 275; Lamont's Diary, 1667, etc, 



ccxl JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

and soldiers in good order and discipline, and to observe such orders as 

should be given him from time to time by his superior officers. 1 The earl 

promptly raised the troop of horse, as the payments made to the troop, 

commencing on 1st January, show. The troop consisted of himself as 

captain, Eobert, Master of Maxwell, afterwards fourth Earl of Mthsdale, 

as lieutenant ; John, fourth Lord Lindores, cornet ; Sir James Johnstone of 

Westerhall, quartermaster ; William Couper, described as servant to the Earl 

of Annandale, and also as clerk to his troop ; four corporals, two trumpeters, 

and seventy-five private soldiers, representing in all eighty-six officers and 

men. A book of disbursements to the troop, kept by William Couper, 

contains entries for payments to seventy-four officers and soldiers, most of 

which are authenticated by the signature of the person to whom the payment 

is made. 2 

The Earl of Annandale appears to have met with difficulty in procuring 

money to pay his troop of horse. On 13th June 1667, he writes to Hew 

Sinclair, his chamberlain — 

" Being called to marche withe my troupe so neire to the Louthianis as I may 
be within a dayes marclie to Eddinburgh, I am resolved to be at Gallashiells 
to-morrow, and quartter there till further order. ... I have also desyred some 
supply for the troup, being altogither destitutte of monnay. . . . The Lord knowis 
what will become of ws, for if this warre continow it is impossible we can sub- 
sist and keipe creditt. 3 

A month later the earl again writes to his chamberlain from Newbie, 
13th July 1667— 

" I told you in my lastt I had sentt some of my troupp to Galloway. This 
people were togither ar now in 6 and sevines, robing and pillaging in the counttrey. 
Thay spoylle poore peoples houses, and frightts all the ministers, and that is all 
thay doe. I have sentt this beirrer expresse withe ane accountte to the commis- 

1 Vol. i. of this work, p. 94. 

2 Original account-book in Annandale Charter-chest. 

3 Original letter in Annandale Charter-chest. 



COURT OF HIGH COMMISSION, 1664. ccxli 

sioner of the certtantie of the bussines. I have also wrytte to him and Sir 
William Bruce concerning a preceptt for my troupps pay." x 

After the rising of 1666 was suppressed at Bullion Green, the privy 
council had a great deal of work in connection with the continued opposition 
by the presbyterians to the episcopal form of government. The Earl of 
Annandale and Hartfell, as a privy councillor, had to take an active- part in 
the successive attempts of the presbyterians against conforming to the 
established form of church-government. He was also named in several royal 
commissions in connection with the ecclesiastical troubles, and for executing 
the laws in church affairs. He was a member of the large commission 
granted by King Charles the Second on 16th January 1664. At the head of 
that commission was James (Sharpe), archbishop of St. Andrews, who had 
precedence of the lord chancellor and the lord treasurer. The fourth com- 
missioner named was the archbishop of Glasgow (Burnett), and after him, 
the Duke of Hamilton, the Marquis of Montrose, the Earl of Argyll, and 
other earls, including the Earl of Annandale. 2 

This high commission had precedents in the similar courts established by 
King James the Sixth and King Charles the First. All those commissions 
had for their avowed purpose the enforcing of the episcopal religion on Scot- 
land. The latest of these ecclesiastical courts, however, was even less 
popular than those which preceded it, and in two years it had to be aban- 
doned. The proceedings of the high commission court during the two years 
of its existence, from 1664 to 1666, have been recorded by Wodrow at 
considerable length. 3 For the purpose of his History he had made a careful 
examination of the Records of the Privy Council. He explains that the 
fines and other exactions laid upon the presbyterians led to the rising in the 
year 1666, already described. The council took alarm at the rising, and, 

1 Original letter in Annandale Charter-chest. 

2 History of the Sufferings of the Church of Scotland, by Wodrow, 1721, vol. i. p. 192. 

3 Wodrow's History, vol. i. pp. 197-240. 

VOL. I. 2 H 



CCxlii JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

among other steps adopted to suppress it, they wrote on 16th November 
1666, letters to Annandale and other noblemen who were concerned in the 
places of the rising, to order the king's forces to march towards these places, 
and asking them to concur with the forces when they arrived. 1 As showing 
the anxiety connected with the rising, three days afterwards, on 19th 
November, the council wrote again to Annandale and other noblemen, 
empowering them to convocate their followers, and with them to preserve 
the peace of the country and to attack the rebels. 2 

After the battle of Bullion Green on 28 th November, the council on the 
following day sent expresses to the Earls of Annandale, Nithsdale and others 
in that country, to keep the forces together which they had raised, in order 
to apprehend the rebels on their return. 3 

Eight days after the battle, on the 5th December 1666, King Charles 
granted a commission of justiciary under his signet at Edinburgh for the 
special purpose of trying and executing justice on those who were engaged in 
that rebellion. The Duke of Hamilton, the Marquis of Montrose, the Earl 
of Argyll, and several other earls, including the Earl of Annandale, con- 
stituted the commission, three of them to form a quorum. The first court 
of the commissioners was held at Glasgow on 17th December by four of the 
commissioners, the Earls of Linlithgow and Wigtoun, Lord Montgomery 
and Mungo Murray. Four of the rebels were indicted and tried. The court 
found them guilty of treason and sentenced them to be hanged at Glasgow on 
Wednesday, 19th December. The sentence was carried into effect. 4 

After the proceedings against the unfortunate insurgents at Pentland, and 
many of them had been executed under the commission of justiciary of 5th 
December 1666, milder measures occurred to the more humane members of 
the privy council, including the learned and accomplished Sir Eobert 
Murray, who was lord justice clerk. He was commissioned by King Charles 

1 Wodrow, vol. i. p. 242. 2 Ibid. 3 Ibid. p. 254. 

4 Wodrow, vol. i. p. 259, and Appendix, p. 100. 



ACTS AGAINST CONVENTICLES. ccxliii 

specially to inquire into the state of the country. Sir Eobert and the party 
of the council acting with him, on the grounds referred to, and because the 
Dutch war was brought to a close, succeeded in obtaining a letter from the 
king, dated 13th August 1667, disbanding the army with the exception of 
two troops of horse. The troop raised by the Earl of Annandale in 1667 
was included in the general disbanding order. The substitutes proposed were 
a declaration against entering into covenants, or a simple bond to keep the 
peace. At the council on 13th September, there was a full attendance of 
members. Among those present was the Earl of Annandale. Warm dis- 
cussion ensued, and the members were so nearly balanced that the rolls had 
to be called over thrice before the plurality was formally ascertained in 
favour of the bond of peace as the opinion of the majority. Annandale pro- 
bably voted with the moderate members in favour of the bond of peace. 1 

Two years after the standing army was disbanded a committee of the 
privy council met on 18th February 1669 to consider the acts of parliament 
and council against conventicles, withdrawers from their parish kirks, 
clandestine marriages and baptisms, and to consider what may be done for 
restraining them. On the 4th of the following month of March an act of 
council was issued for the purpose of preventing these irregularities under 
stringent pains and penalties. The Earl of Annandale was present in council 
on both these occasions. 2 Another proclamation was issued against conven- 
ticles. But the indulgence granted by the king on 7th June 1669 gave some 
relief to the presbyterians. 3 

In the following year, however, a new form of trouble arose in reference 
to the attacks made on the episcopal incumbents. A commission was issued 

1 Wodrow's History, vol. i. pp. 275, 276. commanders at Dumfries. Turner was dis- 
In the year 1668 the privy council were missed the service, and Bellenden or Ban- 
ordered by the king to inquire into the con- natyne had to leave the kingdom, 
duct of Sir James Turner and Sir William 

Bannatyne for alleged cruelties and illegal Wodrows History, vol. i. p. 296. 

exactions in the execution of their office as 3 Ibid. vol. i. pp. 304-306. 



CCxliv JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

by the privy council at Edinburgh on 7th April 1 670 regarding the " Disorders 
in the West." The commission was signed by Eothes as chancellor, the 
archbishop of St. Andrews, the Earl of Annandale, and many others. The 
commission was accompanied by special instructions to the commissioners. 1 

On the same subject of conventicles there was a full meeting of council 
held at Edinburgh on 11th August 1670, at which a series of seven interro- 
gatories were approved of to be put to persons suspected of attending con- 
venticles, etc., with the view of suppressing them by fines, imprisonment, 
and banishment when necessary. 2 In the sederunt of that meeting of council 
the Earl of Annandale's name is entered. It was among the latest of his 
attendances in council, as he died in April 1672. 

When the earl succeeded to the extensive Annandale estates, he at the 
same time inherited heavy pecuniary incumbrances, which often placed him 
as the distinguished head of one of the oldest families of Annandale in 
difficult circumstances. The Annandale estates being situated in Border 
counties were peculiarly subject to quarterings of armies which were almost 
ruinous to the owners. The difficulties experienced by the earl in collecting 
his rents and other dues were often very embarrassing to him. He also 
suffered from the large debt to which he succeeded with his estates, and 
from the cautionary obligations which he undertook on behalf of the Earl 
of Home and other Border friends. The earl, however, did not succumb to 
his difficulties, but faced them with commendable courage. This was, no 
doubt, often trying to him, especially when he suffered for the last ten years 
of his life under indifferent health. 

In the earl's indisposition, he found a great comfort in his excellent 
countess. In a letter from his lordship to the countess, dated Edinburgh, 
28th July 1665, he writes her in a tender and affectionate strain. Though 
portions of the letter have been mutilated by accidental injury, the part 
which remains will show his great love for his countess : — 

1 Wodrow's History, vol. i. pp. 325, 326. 2 Ibid. vol. i. p. 320. 



LETTERS TO COUNTESS HENRIETTA. ccxlv 

" Deirestt Comfortte, — . . . God-willing I intend to observe anent my home- 
coming as mentioned in former letters. . . . This I only write to let you know 
how inuche my deirestt love is by me . . . and what satisfactione I have in 
the thoughtts of seeing the shortley. This I houpe will make you dispense better 
with it since you may believe that the wholl erthe cannot in the leistt divertt 
from the who artt the onlie desirble objectt of my heartte in a wordle. . . . 
So praying the Lord to preserve the and the childrine, I am, my deirestt soulle, 
thy oune intyrlie till dethe. Annandale." 



One of the latest letters written by the earl to his countess is dated 
Edinburgh, 17th January 1671, and is in the following terms : — 

" My deirestte hairtte, — I have not beene abroade yette since Satturdays nightt 
I came to toune saive to waite on your brother. . . . The inclosed came heire on 
Thursday, bot since I have heirde that your dochtir mends verrei weile, I am 
to send one over the morrow, and shall give yow a speiddei accountte of hir 
conditione, bot I assure yow, yow neide not be troubled, for the chancelour 
assures me she tooke a littill fifcte for tuo or threi dayes, bot imediatlei it 
wentt over, and she recovers verrei weille. My deire, I pray God blesse yow 
and the childrine, and send ws a happy meitting, which shall be the constantt 
desyre of your oune till deathe. Annandale. 

" For the Countesse of Annandale, haistte." 

The health of the earl did not improve after the date of the letter now 
quoted to the countess. He appears to have come to Edinburgh for medical 
advice, and took up his residence in the Canongate. His lordship employed 
his Edinburgh law-agent, Mr. John Muir, writer to the signet, to prepare his 
last will and testament. The draft of the will is preserved in the Annan- 
dale Charter-chest, and appears to have been prepared for his signature on 
day of April 1672. The draft does not bear any signature by the 
earl, nor has any other will or testament by his lordship been discovered. 
There is, however, a bond of provision by him to George Johnstone, his third 
lawful son, for 10,000 merks Scots money. It bears to be subscribed by 



ccxlvi JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

the earl at the Canongate on the 13th April 1672. 1 The draft unsigned 

will by the earl is in the following terms : — 

" Being for the present seik in bodie, bot perfyt in memorie and spirit (blissed 
be God). . . In the first, I recomend my sowlle to God to be receaved be him 
in his eternall mercie through the merites and mediatioun of my Lord and Saviour 
Jesus Chryst ; and ordainis our bodie to be interred in the kirk of Johnstoun." 
[He appoints William, Lord Jobnstoun, his eldest lawful son, to be his only 
executor, universal legator, and sole intromitter with his whole goods, etc.] " Item, 
I make, nominat and constitute Lady Henrieta Dowglas, my spouse, and the 
Right Honorable William, Duke of Hamiltoun, William, Erie of Quenisberrie, 
and William, Erie of Dundonald, my beloved freinds, and in caice of our said 
spous, her deceis, or mariag, the said William, in her vice and place, to be tutors 
testamentars to the said William, Lord Johnstoun, my sone, and to John, Georg, 
Henrieta, and Anna Johnstounes, my other childrene who ar within the yeires 
of tutorie." [Three of them to be a quorum. He appoints Robert, Lord Maxwell, 
John, Lord Lindsay, Master of Carmichaell of Hyndfoord, Sir Richard Graham 
of Netherbie, Sir Robert Sinclare of Longformakhous, advocate, and John John- 
stoun of Poiltoun, bailie of Edinburgh, " to be overseirs to my said eldest sone 
and remanent childrene." Rescinds all former testaments and concludes :] " Thir 
presentis ar written be John Mure, wryter to his Majesteis signet, and subscryved 
with my hand at the Cannogaite, the day of Aprylle, the yeire of God j m vj c 
thrie scoir tuelf yeiris, befoir thir witnessis." 2 

The earl's indisposition continued, and he consulted eminent medical men 
in Edinburgh, in reference to his attacks of ague and hectic fever. One of 
these doctors prepared a full statement of his case on 17th June 1672, 
in the hope of promoting his lordship's recovery and preservation, which 
the practitioner adds is of so great concernment not only to his own noble 
family, but even to the whole nation. 

Exactly one month after the anxious consideration by the medical 
adviser, the earl died on 17th July 1672. His lordship previous to his death 

1 Annandale Peerage Minutes of Evidence, Johnstone, his spouse, the earl's eldest 
1825, p. 56. The earl granted also on 13th daughter. [Note in Annandale Charter- 
April 1672, a bond of provision in favour of chest.] 

his granddaughter, Lady Henrietta Lindsay, 2 Original draft in Annandale Charter- 
daughter to Lord Lindsay, and Lady Mary chest. 



DEATH OF THE EARL AND COUNTESS. ccxlvii 

had removed to Leith, to a house occupied by Lady Mary Gordon, 

Marchioness of Douglas, who was the mother of his countess. 

Although the earl was in feeble health, he wrote and subscribed a careful 

memorandum of directions for the manner of his funeral, only two days before 

his death, in the following terms : — 

" For the manner of my buriall, I ordain that, how soon efter it shall please 
God to call vpon me things can be provided, my corps shall be caried in an open 
mourning coach, without any other ceremony, and be accompanied by my par- 
ticular friends to the buriall place of my ancestours at Johnstoune, where I appoint 
it to be interred in the night, with torches and without ceremony. And on the way 
from the place of my death to that of my buriall I desire the gentlemen hereabout 
may be entreated to doe me this last duty of waiting on my corps to Lintoun, and 
the gentlemen of the other shires through which my body is to be carried shall be 
likewise desired to wait vpon it through their severall shires of Pebles, Dumfreis, 
and Anandale. And this declaration of my pleasure about my buriall, taken from 
my mouth and written according to my direction, I have signed with my hand, 
at Leith, the fifteenth of July in this present year 1672. Annandale." 1 

The Countess of Annandale survived her husband only for eleven months, 
having died on the morning of Sunday, 1st June 1673. 2 The body of the 
countess was put in a lead coffin, at Edinburgh, and transported to the kirk 
of Johnstone, to be placed by the side of her husband, whose body had been 
placed there, in lead and wainscoat coffins, in the previous year. There is 
preserved a copy of the inscription on their respective tombs, as follows : — 

" Here lyes the right honorable James, Earle of Annandale and Hartfell, etc., 
who died the 17th of July 1672, and of his age 47." Surmounted by an earl's 
coronet and blank shield for arms, and the initials " J. E. A." 

" Here lyes Dame Henrietta, Countess of Annandale and Hartfell, daughter to 
William, Marquess of Douglas, who died the first of June 1673, setatis 40." 3 

Of the marriage of the earl and countess there were born eleven children, 

four sons and seven daughters. The eldest surviving son was William, who 

1 Original writ in Annandale Charter-chest. 

2 Accounts of John Muir, W.S., and others, ibid. 

3 Copy inscriptions and accounts for coffins and other funeral expenses, ibid. 



Ccxlviii JAMES, EARL OF ANNANDALE AND HARTFELL, 1653-1672. 

succeeded his father as Earl of Annandale and Hartfell, and was afterwards 
created Marquis of Annandale. Of him a memoir follows. 

The following is a list of the eleven children, and the dates of their 
births : — 

" Mary Johnston was born the last of January, being Saturday, 1652. 
" Margaret Johnston was born on Monday, being the 14 of Agust (54). 
" Hendreta Johnston was born on Sunday, being the 18 of January (57). 
" Jannett Johnston was born on a Sunday, beeing the 18 of Junii (58). 
" Isobell Johnston was born on a Teusday, being the 28 off Aprill (59). 
" James Johnston was born on a Munday, being the 17 of December (60). 
" William Johnston was born upon a Thursday, being the 17 of Februarie (64). 
" John Johnston was born upon Sunday, being the 3 of September (65). 
" George Johnston was born on a Mondy, being the 21 of June (67). 
" Hendreta Johnston was born upon a Frydy, being the 21 of January (69). 
" Anna Johnston was born on a Sundy, being the 30 of July (71)." x 

In the Genealogy of the Johnstone family, printed in this work, are 
included the names of these eleven children, with additional particulars of 
their births, marriages, and deaths. 

1 Annandale Peerage Minutes of Evidence, 1878, p. 735. 




ccxlix 



XVIII. — William, first Marquis of Annandale. 

Sophia Fairholm, Heiress of Craigiehall, his first Marchioness. 

Charlotte Vanden Bempde, his second Marchioness. 

1672-1721. 

CHAPTER FIRST. 

Outline of his life — His birth, 1664 — Succession to his father, 1672 — Educated at Glasgow 
Grammar School and University, 1678-1681 — Chooses his curators, 1679 — Is served 
heir to his father, 1680 — Marriage with Sophia Fairholm, 1682 — Burning of Newbie 
House — On commission to search for Covenanters, 1684 — Intercedes for Monmouth, 
1685 — Attends the Parliament of King James, 1685-6 — Appointed captain of a troop 
of horse, 1688. 

This great chief of the Johnstones, the greatest of all the long line 
of his family, lived in the reigns of six sovereigns. Born a few years 
after the restoration of King Charles the Second, and surviving till the 
accession of King George the First, he was thus a subject successively 
of King Charles the Second, King James the Seventh, King William 
and Queen Mary, Queen Anne, and King George the First. Annandale 
was too young to serve in any official capacity under King Charles 
the Second, but under all the other sovereigns named he was more or 
less actively engaged in prominent official positions. Under King James 
the Seventh, he first came into official life in the not very enviable position, 
in company with Sir Eobert Grierson of Lag, of putting down the risings of 
the covenanters in the western counties of Scotland, a work apparently 
very uncongenial to the young nobleman. King James also made him 
a privy councillor. When William of Orange made his descent upon 
England, the youthful Earl of Annandale warmly espoused the cause of 
the Eevolution. But immediately after, on account of his youth and 
inexperience, he was easily misled and induced by his brother-in-law, 

VOL. I, 2 I 



ccl WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

Sir James Montgomerie of Skelmorlie, to join in the plot which had for 
its object the restoration of King James the Seventh. Annandale speedily 
repenting of this political indiscretion candidly confessed his fault, and was 
the means of ending that intrigue. His frank confession led to his ready 
pardon by Queen Mary as acting for King "William. His revelations showed 
the extent to which King James the Seventh was ready to make concessions 
to recover his lost kingdoms. Annandale himself was to be Commissioner 
to parliament and a marquis, and commissions and patents of peerages were 
lavishly bestowed upon Montgomerie and Eoss, the other two members 
of the club engaged in the plot, as well as upon their partizans. 

Escaping from this youthful error, Annandale was afterwards received 
into royal favour both by King William and Queen Mary, and the royal 
commissions by these and subsequent sovereigns granting important offices 
of state to Annandale, which are still preserved in the Annandale Charter- 
chest, are probably more numerous than were received by any subject at 
that time. The mere enumeration of these royal commissions will show 
the extent to which Annandale was employed and trusted by his sovereigns. 
By King William he was sworn a privy councillor and appointed an 
extraordinary lord of session in 1693, while still comparatively young, being 
in his twenty-ninth year. Two years later he was constituted one of the 
lords of the treasury, and president of the parliament of Scotland which 
met at Edinburgh in 1695. In 1701 King William appointed him lord 
high commissioner to the General Assembly of the Church of Scotland. 
Queen Anne appointed him, in 1702, lord privy seal of Scotland, and in the 
same year president of the privy council of Scotland; and in 1705, and again 
in 1711, she appointed him lord high commissioner to the General Assembly 
of the Church of Scotland. In 1705 the queen also made him one of her 
principal secretaries of state for Scotland. In 1714 King George the First 
appointed him keeper of the privy seal and a privy councillor, and next 
year, when the rebellion broke out, he made him lord-lieutenant of the 



OUTLINE OF HIS OFFICIAL LIFE. coli 

counties of Dumfries, Kirkcudbright, and Peebles. In that office he displayed 
great zeal and energy in support of the government, and contributed largely 
to the suppression of the rebellion in these counties. 

Such, in general outline, is the official life of this distinguished statesman. 
The personal distinctions which he received from his sovereigns were as 
marked as his official appointments. He inherited all the peerages which 
had been conferred on his father and grandfather by King Charles the First 
and King Charles the Second. By King William the Third, in 1701, when 
he represented his Majesty in the General Assembly, he was advanced to the 
dignity of Marquis of Annandale, Earl of Hartfell, Viscount of Annand, Lord 
Johnstone of Lochwood, Lochmaben, Moffatdale, and Evandale. And after 
his appointment as president of the privy council in 1702 he was, in 1704, 
invested by Queen Anne with the ancient order of the Thistle, re-established 
only in December of the previous year by her Majesty. 

Although Annandale enjoyed so many principal offices of state, and 
personal dignities, there was still another office and a still higher dignity to 
which he aspired. The office was that of lord chancellor of Scotland, and the 
dignity that of Duke of Annand. But he did not survive to receive either of 
these appointments. 

The extensive correspondence of the Marquis of Annandale in connection 
with the various offices held by bim from time to time has been preserved, 
not entirely, but partially at least, and a large selection of it is printed in 
the second volume of the present work, which will with the subsequent 
memoir furnish some idea of his active official life. 



William, Lord Johnstone, afterwards successively Earl and Marquis of 
Annandale, was born on Thursday, 17th February 1664. He probably 
received his Christian name of William from his maternal uncle, William, 
Duke of Hamilton. While only in the eighth year of his age, he became 



cclii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

Earl of Annandale and Hartfell by the death of his father. Three days after 
that event, on 20th July 1672, a meeting was held at Leith of the friends of 
the Annandale family to consider the affairs of the Annandale estate. The 
Duke of Hamilton, the Earl of Dundonald, and the now Dowager-Countess of 
Annandale, who were present at the meeting, gave orders to the chamberlain 
of Annandale to prepare a rental of the estate for the year 1672, and a list 
of the late earl's debts, and to furnish other information on matters which 
they specified. 1 The rental was prepared, and shows a total of £41,757, 8s. 
Scots, payable out of twenty-three baronies and separate estates. 2 

At a subsequent meeting on 7th July 1673, the Duke of Hamilton held 
a consultation with Sir Eobert Sinclair, Sir George Lockhart, and Sir John 
Harper, advocates. The countess-dowager was now dead, and the Earls of 
Queensberry and Dundonald had not accepted the office of tutor under the 
will ; and the question which his Grace submitted to the advocates was — 
Could he act as sole tutor to the Earl of Annandale and Hartfell ? The 
lawyers returned an affirmative answer, adding that if his acting as tutor 
was questioned, the nomination in the will would sustain him. The Duke of 
Hamilton hereupon accepted the office of sole tutor. Thereafter his Grace 
and his duchess Anne, in her own right heiress of Hamilton, acted in every 
way as parents to Earl William and his younger brother, John Johnstone, 
their two orphan nephews. 

The Duke and Duchess of Hamilton placed the earl and his brother, 
while resident at Hamilton Palace, under the charge of Margaret Hamilton, 
a superior person and servant to the duchess. In October 1674, they sent 
the two boys to Glasgow to pursue their education at the Grammar School 
there. In the meautime Margaret Hamilton having married Mr. John 
Bannatyne of Corehouse, in the county of Lanark, and having gone with her 
husband to reside in Glasgow, the earl and his brother lodged in the house of 

1 Minute-Book in Annandale Charter-chest. 

2 Duplicate Rental, 18th February 1673, ibid. 



EDUCATED AT THE UNIVERSITY OE GLASGOW. Ccliii 

Mr. and Mrs. Bamiatyne. 1 Mr. George Glen was the earl's " pedagogue " or 
private tutor. Soon after joining the school, and again in 1677, the earl had 
the distinction of becoming "victor" of the Grammar School, a distinction 
which his brother John also obtained in 1678. Like most boys he and his 
brother joined with enthusiasm in the sports of the school. 2 Occasional 
visits to Hamilton diversified their school life. On these occasions, when 
setting out on their excursions to the ducal palace, crowds of the citizens of 
Glasgow turned out to see them leave the city in their carriage, when money 
was freely distributed among them. 

In October 1677, the Earl of Annandale left the Grammar School and 
entered the University of Glasgow, leaving his brother John to give further 
attendance at the school. His lordship was associated in the university 
with several other students of noble rank. In the fourth class, on 4th 
February 1678, his name heads the list, William Boyd, eldest son of the Earl 
of Kilmarnock, follows, and he is succeeded by James Campbell, son of the 
Earl of Argyll ; the remainder of the class being sons of gentry and com- 
moners. 3 The earl and his brother John continued to lodge with Mr. 
Bannatyne. Mr. David Carnegie, governor to the earl, and two men- 
servants, resided there with them. One at least of these servants also 
attended the university, the earl paying his class fees. His lordship had 
also a chamber to himself within the university which he furnished, and 
for which he paid rent. He employed an amanuensis to assist him in 
extending his " logick notes " and his " ethick and metaphysick notes." 4 

The Earl of Annandale, in company with his brother and Mr. Carnegie, 
his governor, was at Newbie in the summer vacation of 1680, where, 

1 In his receipt furnished to his Grace, Mr. also entries of purchases of golf balls and golf 

Bannatyne subscribes himself as " governor to clubs. [Account in Annandale Charter-chest.] 

the Duke of Hamilton's children." „ ,, , TT . ., , . .-,, 

3 Monumenta TJniversitatis Glasguensis, 

2 The accounts of this period contain an , ... .,, 

i vol. in. p. 134. 

entry for the price of a football to the school 

boys "which the victor gives." There are 4 Accounts in Annandale Charter-chest. 



ccliv WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

from August to October, he received visits from a constant succession of 
friends, who stayed with him for a longer or shorter period. These each 
brought with them from two to seven attendants, and, in some instances, as 
many as eleven horses. 

His lordship completed his curriculum of four sessions at the university 
in 1681. While he was still in attendance there, a notice of the large 
family Bible occurs in the accounts : — 

1679, April. " Item, payed for the binding off ane greate hous Byble 
perteining to the deceast Countess off Annandaile, and wes given be the deceast 
countess to the deceast Mr. Robert Lauder to bind, and, at the death of the said 
Mr. Robert, the Byble was laid in to the hous of Johnne Muire, and now 
is taken up be the compter, and hes payed for binding of it, £4, 10s. Od." 1 

In 1679 the Earl of Annandale, being fifteen years of age, took the 
usual legal steps for the appointment of curators to manage his affairs till he 
attained to the age of twenty-one years. The persons whom he chose to act 
for him in this capacity included the Duke of Hamilton, who was a sine quo 
non, the Earl of Crawford, and others. On 29th July of the following year, 
he was served heir to his father at Edinburgh. He left Hamilton Palace to 
attend the service, travelling to Edinburgh by Newbie. The retour states 
that the lands and baronies to which he succeeded were erected into the 
earldom of Annandale and Hartfell and lordship of Johnstone, according to 
the form of the charter granted by the king to the late earl, his father, on 
23d April 1662. It also retours him in the heritable office of steward of 
the stewartry of Annandale, and narrates that all the lands mentioned had 
been in the king's hands since the death of his father on 17th July 1672, 
for eight years and eleven days, by the non-entry of William, now Earl of 
Annandale and Hartfell, lawful heir-male of his father in the same. 2 The 
retour, which is dated at the Tolbooth or new session-house of Edinburgh on 

1 Accounts in Annandale Charter-chest. 

2 Annandale Peerage Minutes of Evidence, 1876, pp. 61-64; 1878, pp. 963-972. 



MARRIAGE WITH SOPHIA FAIRHOLM OF CRAIGIEHALL. Cclv 

29th July 1680, is followed by a precept from chancery in his favour, dated 
6th, and instrument of sasine following thereon, 13th September 1680, and 
recorded in the general register of sasines. 1 The earl gave a dinner on 
28th July on the occasion of his service, 2 and thereafter returned to Newbie, 
his stay at which place has already been described. 3 

After completing his feudal title to his extensive territories, the young 
earl resolved on taking another important step in his life. With his hand- 
some personal appearance, as brought out in later life in his portrait by Sir 
Godfrey Kneller, his many historical peerages and almost boundless Border 
baronies, and his close relationship to the premier duke of Scotland, Annan- 
dale was a noble youth, fitted to charm and captivate his female con- 
temporaries. Even at the early age of sixteen, he was already in 
correspondence with the parents of a young wealthy and attractive heiress. 
She was the only child of John Fairholm, owner of the estate of Craigiehall, 
in the county of Linlithgow, which had been acquired by his father, also 
John Fairholm, in business, and of additional personal wealth. Sophia, 
his only child, although in her fourteenth year, had already become an object 
of attention, not only to the young Earl of Annandale, but to other 

1 Original Precept and Sasine in Annandale cation. William, Marquis of Annandale, re- 
Charter-chest. signed the £10 land of Stapleton in favour 

, m, ,. , . , of Mr. John Johnstone, his brother-german, 

i lhe dinner, which was a sumptuous one, ..... 

. ijj,„ , ovmji c asa provision for him. These lands were to 

included 12 solan geese, 3 boiled legs of , , . , 

„„ , , ., , be holden to the said John and the heirs of 

mutton, i venison pasties, 36 rabbits, and , . , , ,.,,.,. 

£146 "for wine and seek and aill," etc. ^ S *° dy ' ^ich faihng to the marquis and 

[Account in Annandale Charter-chest.] ^ ^ su f eedln S ln the estate of Annan- 

dale. On that resignation a crown charter 

3 The Hon. John Johnstone, the earl's under the great seal was passed on 23rd 

brother, left the Grammar School at Glasgow September 1 702, and sasine followed thereon 

when the earl left the university, and was on 1st, and registered in the Register of 

sent to the Grammar School at Haddington, Sasines for Dumfriesshire 5th October 1702. 

then kept by Mr. Herbert Kennedy. From John Johnstone of Stapleton died without 

Haddington Mr. John Johnstone proceeded lawful issue, and the lands of Stapleton 

to St. Andrews to complete his education at reverted to the Marquis of Annandale in 

the university. He was still there on 8th terms of the charter of 1702 [Writs in 

February 1685 when he was studying fortifi- Annandale Charter-chest.] 



cclvi WILLIAM, FIRST MARQUIS OP ANNANDALE, 1672-1721. 

pretenders for her hand. A certain lady of rank was eager that one of her 
sons should be the successful lover of the coveted heiress, Sophia Fairholm. 
The writer of the letter, Lady Christian Hamilton, relict of Sir Patrick Hume 
of Polwarth, was of an old baronial family, noted for having produced many 
members of distinction in the legal and other professions. By her first 
marriage she had a son who became a distinguished nobleman, and her own 
second marriage was to another Border nobleman. This lady pled the claim 
of her second son with the Lady Craigiehall in a letter dated the 22d March 

1681. The letter is written in the Scotch language, and has considerable 
force ; but it was without success. 1 Already the young earl with all his 
attractions, which have been referred ] to, made a favourable impression on 
the heiress and her parents, and the marriage between them, after a juvenile 
courtship of two years, was celebrated at Edinburgh on 2d January 

1682. The countess was born on 19th March 1668, was a mother before 
she had completed her fifteenth year, and a grandmother in her thirty- 
second year. 

Allusion has been already made to the enjoyment by the young earl of a 
summer residence at Newbie Tower on the banks of the river Annan, and his 
constant succession of visitors there in the summer season. Although the 
old tower of Lochwood had been for centuries the principal residence of the 
Johnstone family, the more recently acquired mansion of Newbie was 
selected as the suitable abode in Annandale of the newly married earl 
and countess. 

While the earl and countess were enjoying themselves at Newbie and 
entertaining many of the county gentry and other friends, a lamentable 
accident befel the house. The countess, Lady Applegirth, the minister of 
Cummertrees' wife, and Sophia Johnstone, were sitting in the commissioner's 
chamber, when Lady Applegirth cried out she felt the smell of burning 
timber. By the time the company reached the stairs, they were nearly 

1 Original letter in Annandale Charter-chest. 



BURNING OF THE HOUSE OF NEWBIE, C. 1685. cclvii 

choked with the smoke. They, however, managed to descend to the entry, 
by which time the flames were issuing out of the chamber windows. Not- 
withstanding every endeavour to save the new house and furniture, they 
were both totally burned, but the old tower was saved, though with difficulty. 
The inmates lost all their clothes, etc., and Lady Annandale had to ride 
with her attendants in the middle of the night as far as Kelhead, where 
they found accommodation for the time. 1 

At the close of the year 1684, Annandale received his first public appoint- 
ment. He was placed by King Charles upon a large commission to act against 
the covenanters. The king had already in September of this year, by the 
appointment of commissioners of justice to whom he gave very rigid instruc- 
tions, adopted more stringent means to prevent conventicles and to bring to 
punishment those who frequented them. The severities now practised upon 
the covenanters led to their publishing in November the Sanquhar Declara- 
tion by which the king's authority was disowned and war was declared 
against him. This so incensed his Majesty, that, on 30th December, he 
granted the larger commission referred to in which Annandale was in- 
cluded. Power and authority to act, in terms of the commission, within 
the shire of Nithsdale and stewartry of Annandale, were given to the Earl 
of Annandale, Sir Eobert Dalziel of Glenae, Sir Eobert Grierson of Lag, Sir 
James Johnstoun of Westerraw, Thomas Kilpatrick of Closeburn, and Eobert 
Laurie of Maxwelltown, — the Earl of Annandale to be convener. As his 
lordship was born on 17th February 1664 he was not then 21 years of age; 
but as he had a large interest in the district, and as his services might be 
considered of importance to the government, any objection on account of his 
nonage may have been purposely dispensed with. His lordship's name does 
not appear in any record under the commission issued for punishing the 
rebels. But Sir Eobert Grierson of Lag and several of the other commis- 
sioners associated with the earl were active in the work. Only on one 

1 Letter, countess to her father, vol. ii. of this work, pp. 314, 315. 
VOL. I. 2 K 



cclviii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

occasion, so far as known, is the earl found acting under the commission. 
This was in the parish of Twynam, on 10th June 1685, when his lordship and 
Sir Eobert Grierson of Lag made search for four nonconformists. The earl 
with his party having come upon David Halliday and George Short, gave 
them quarter till they should be tried the next day. When Lag came upon 
the scene he refused them quarter, and although the earl informed him of his 
promise, he had the men shot on the spot. 1 

Annandale is brought into prominence in connection with the condemna- 
tion and execution of the Duke of Monmouth. The Eight Honorable Charles 
James Fox quotes in the appendix to his History a paper obtained from the 
Buccleuch repositories which contains information of what passed in the last 
days of Monmouth. In doing so, after stating that intimation was made to 
Monmouth of the time fixed for his execution, he says : — 

" All the while he importuned more of his former acquaintance, especially 
such as he thought to have any credit or interest with the king, to intercede for 
him ; at least for a longer respyte. The Lord Annandale and the Lord Dover 
were frequently sent for [by Monmouth] to come and speak with him. The 
latter not being in town could not give him that satisfaction he promised himself 
if he saw him. The first hade leave to go and see him ; and the business was 
that he would be pleased to go and wait on his Majestie, and reinforce the argu- 
ments he had formerly used towards the saving of his life." 2 

As is well known, the efforts here referred to failed, and Monmouth was 
executed on the 15th of July 1685. At the time of Monmouth's execution, 
Annandale was only 21 years of age, and, if he was employed as here indi- 
cated, he had not yet acquired such a position as to make him a prominent 
intermediary with the king for saving the life of his nephew. 

From accounts preserved in the Annandale Charter-chest the earl made 
a journey to London in the month of March 1685, and remained there 
during the greater part of the month. As his lordship acquired his full 

1 Wodrow's History, folio edition, vol. ii. p. 509. 

2 The Right Hon. George Rose on Mr. Fox's History. Appendix No. 8, p. Ixviii. 



ATTENDS THE PARLIAMENT OP KING JAMES THE SEVENTH. cclix 

age about that time, and as King James the Seventh succeeded his brother, 
King Charles, in the preceding month of February, it is probable that the 
young earl was presented to the new king. 

The town of Sanquhar has been made famous by the declaration of the 
covenanters in 1684 disowning Charles Stuart as king, and declaring war 
against him. The same town was the scene of another proclamation in 
the end of July or beginning of August 1692, of James, Earl of Dalkeith, as 
king. This last proclamation at Sanquhar was made by thirty or forty 
" wyld people " at the cross. 1 Thus a small remnant of the faithful pro- 
claimed a grandson of King Charles the Second as king eight years after 
they had renounced all allegiance to the grandfather himself, and seven years 
after Monmouth was beheaded for proclaiming himself king. 

During the rest of the reign of King James the Seventh, Annandale con- 
tented himself with attending to his parliamentary and official duties. He 
was present in the two sessions of parliament, of which the first was held 
at Edinburgh on 23rd April 1685, in which William, Duke of Queens- 
berry, was commissioner, and the second on 29th April 1686, in which the 
Earl of Moray was commissioner. Two years later, on 29th June 1688, he 
was preses of a meeting of the principal persons in the shire of Dumfries. 
The object of this meeting, and the circumstances in which it was convened, 
were these : — Mr. David Houston, a minister of the gospel, who had been 
in Ireland, was apprehended there, and was being brought to the Tolbooth 
of Edinburgh a prisoner in charge of a guard of soldiers, for the purpose of 
being tried for field preaching. A number of the country people ascertaining 
this, armed themselves, rescued the minister at Carbelly path, in Ayrshire, 
killed several of the soldiers of the escort and wounded others of them. On 
22nd June the council, annoyed at what had taken place, issued a pro- 
clamation, ordered the nobility, freeholders, heritors, and indulged ministers 
in the shires of Ayr, Lanark, Eenfrew, and Nithsdale to meet at the head 
1 The Scotts of Bueoleuch, vol. i. p. 483. 



cclx WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

burgh of their respective shires on the 29th of that month, and charged 
them to discover, if possible, the persons implicated. The commissioners, 
justices of the peace, and others of Dumfriesshire met at Dumfries on the 
day appointed, and, as already related, the Earl of Annandale was preses of 
the meeting. The report of their proceedings, which his lordship furnished 
to the lord chancellor, bears that Francis Irving, William Macmillan, and 
George Campbell, three indulged ministers who had been called to the 
meeting, petitioned to be relieved from attending, on the plea that it was 
inconsistent with their sacred office to sit as judges in a civil court. The 
earl enclosed their petition with his letter to the chancellor, and left it to 
the judgment of the privy council. The meeting resolved themselves into a 
committee of twenty, being five for each of the four presbyteries within the 
shire. These met separately with the heritors within their respective 
presbyteries, conferred on the matter referred to them, and declared they did 
not know of any one who was present " at that late rebellious assassinatione," 
nor of any field conventicle recently kept within their bounds, and they 
judged the people peaceable. 1 

This same year of 1688, King James made the Earl of Annandale a privy 
councillor although he was only then twenty-four years of age. Later in 
the year he received a commission on 18th October 1688 from King James 
the Seventh to be captain of a troop of horse in the regiment under the 
command of Major-General John Graham of Claverhouse. 2 Before Annan- 
dale could have assumed his place as captain, William, Prince of Orange, 
landed at Torbay on 5th November 1688, and the Revolution became an 
accomplished fact. 

1 The letter of the earl and the petition of (History, fol. edition, vol. ii. p. 629.) The 

the ministers are printed in volume ii. of this letter and petition now referred to supply 

work, pp. 41-44. Wodrow states that unless such an account so far as Dumfriesshire is 

in the case of the shire of Renfrew, he had concerned, 
not seen any account of the procedure in 

this case adopted in any of the other shires. 2 Charters of this work, p. 96. 



THE REVOLUTION OF 1688. cclxi 



CHAPTER SECOND. 



Annandale enters heartily into the_Revolution — Signs the declaration that parliament would 
continue to sit irrespective of King James — Joins the Club — Presents the address of 
the Club to the king — Involved in Sir James Montgomerie's plot, 1689 — Confession by 
the Earl — Letters of Queen Mary of Modena — The letters and commissions sent by 
King James to the Plotters — Pardoned by the King and Queen — He retires to the 
country, 1692. 

The Eevolution of 1688 was practically accomplished by the absconding 
of King James the Seventh from his palace of St. James, and the advent of 
William, Prince of Orange, at the same palace on the same day. That memor- 
able day was the 23rd of December 1688. The outgoing King James left 
his palace in the early morning, and the incoming King William arrived at 
the vacated palace the same night. Although this remarkable Eevolution 
dates from the end of the year in which it was accomplished, it had to be 
completed in a constitutional form, and the arrangements to effect this 
required the exercise of great wisdom and experience. It was arranged that 
the Prince of Orange should write circular letters to the barons and burgesses 
and others, calling a convention of the estates of Scotland to be held at 
Edinburgh on 14th March 1689. The Earl of Annandale responded to the 
circular and attended the convention. Although then of very little par- 
liamentary experience, having only attended the two previous parliaments of 
King James the Seventh after he had come of age, he took part in the 
proceedings, and several duties were assigned to him by the convention. He 
signed the letter to the Prince of Orange acknowledging him as their deliverer. 

Annandale was appointed colonel of the militia regiment for Dumfries- 
shire. He was also added, during the absence of the Marquis of Atholl 
and Viscount Tarbat, to the committee for settling the government of the 
country. He received a commission from the estates to be captain of a 
troop of fifty horse to be levied and under the command of Major-General 
Mackay ; 1 and was appointed one of the commissioners to treat for a union 

1 Dated 22d April 16S9. 



cclxii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

of the two kingdoms. An act was passed in his favour enjoining the 
Duchess of Buccleuch and her vassals to contribute their proportion of men 
for the earl's troop from the five parishes of Eskdale, notwithstanding that 
these parishes were disjoined from the shire of Dumfries and annexed to 
that of Eoxburgh ; thirty carbines were ordered to be delivered to the earl's 
troop, etc. A letter was written by the committee of estates to Annandale, 
bearing that they were informed that some persons came skulking over the 
Border from the English side having evil designs against the goyernment, and 
sending an order from Major-General Mackay to command thirty horse of the 
English forces for his Majesty's service. The committee authorised Annan- 
dale to secure disaffected persons who had crossed the Border, and to give 
intelligence to the magistrates or officers on the English side if any crossed 
from Scotland with evil designs. 1 Under these orders, Annandale and 
Viscount Kenmure were empowered to seize the horses above the value of 
£8 sterling of any Boman Catholics in the shire of Dumfries and stewartry 
of Kirkcudbright, to take from them any arms which they wore contrary to 
the proclamation of the estates, and to require them to take a bond pre- 
scribed, and in case of refusal to secure their persons. 2 

At the convention of the estates, when a special letter was addressed 
to it by the late King James, Annandale agreed with the convention that 
the meeting should continue to sit, even should the letter of the king decree 
its dissolution. The signature of Annandale stands affixed amongst those of 
the other noblemen. 

The convention of estates, which first met on 14th March 1689, continued 

their sittings till 5th June following. At one of their meetings, they 

petitioned King William to have the convention considered a free parliament, 

and its acts and proceedings treated as such from the commencement. King 

William approved of this, and on 5th June 1689 an act of parliament was 

1 The letter is dated 16th, aud a further 2 Acts of the Parliaments of Scotland, 

order 2'2d May 1689. vol. ix., passim. 



SIR JAMES MONTGOMERIE AND THE CLUB. cclxiii 

passed constituting the convention a parliament. As commissioner from the 
king, and as president of the convention, the Duke of Hamilton touched 
the act with the sceptre, hy which it became law. 

Although Dundee and other Jacobites attended the convention of estates, 
and sanctioned their recent .actions, they were engaged in proceedings to 
restore King James, which culminated in the battle of Killiecrankie, where 
the army of King James, headed by Dundee, defeated that of King William 
under Mackay. 

In these threatening circumstances parliament required the assistance of 
the loyal members. But several of the influential representatives of the 
barons were dissatisfied with certain acts of the convention. These dis- 
sentients formed themselves into a separate section popularly known as the 
" Club." They were for a time numerically the largest voting power in par- 
liament. The leading spirit of the club was Sir James Montgomerie of Skel- 
morlie, 1 member for Ayrshire, who took a very active part in the debates of 
the convention. His wife was Lady Margaret Johnstone, one of the sisters 
of the Earl of Annandale. The young Earl of Annandale was easily drawn 
into the schemes of his brother-in-law, Skelmorlie, along with Lord Eoss. 

The Earl of Argyll, Sir Patrick Hume of Polwarth, and other members of 
parliament, were for some time members of the club. Sir James Montgomerie 
was a disappointed politician. Amidst the changes consequent upon the 
Eevolution, Montgomerie expected to obtain the office of lord-justice clerk, 
and he expressed chagrin that it had been bestowed on another. Many 
questions were urged in the new parliament. On three points the members 
of the club desired to have new acts of the estates passed — to have the lords 
of the articles appointed by parliament, to have certain persons who were 
employed in the late reigns disqualified from office under the new reign, 
and to have the new judges appointed by parliament. But to none of these 

1 There is a notice of Sir James Montgomerie as the fourth baronet of Skelmorlie in the 
" Memorials of the Montgomeries, Earls of Eglinton," 1859, vol. i. pp. 163-165, 



cclxiv WILLIAM, FIRST MARQUIS OF ANNAN DALE, 1672-1721. 

acts would King William consent. On the 2d of July 1689 a bill for church 
government was introduced by the Earl of Annandale. It proposed to abolish 
prelacy, and recommended presbytery as the most agreeable to the people of 
the nation. Hamilton, as commissioner, raised objections, and certain members 
of the club inferred that the king did not intend to allow the presbyterian 
church government to be established. An act was, however, passed, abolishing 
prelacy, to which their Majesties signified their assent. 1 The parliament was 
adjourned to 2d August 1689, and did not meet again till the following year. 
When Major-General Mackay was arranging his forces to meet the 
Highland host of Dundee at Killiecrankie, Mackay summoned the Earl of 
Annandale and Lord Eoss to attend him at the head of their respective 
troops. But these active senators, thinking they were of more consequence 
in the parliament house than on the battlefield, applied first to the council 
and then to the parliament, to have the general's order countermanded. 
This gave rise to new debate, whether the king could call away any man 
from parliament. Hamilton, as commissioner, decided that officers must 
obey orders. But Lords Annandale and Eoss offered to lay down their com- 
missions rather than obey the orders of Mackay, who did not accept 
their commissions, and gave them furloughs. In the parliament con- 
stituted in the circumstances consequent on a change of sovereigns, many 
difficult questions were constantly cropping up, and required great skill to 
pilot them through without explosions. Whether Annandale and Eoss did 
best for the country to remain in parliament, instead of attending the com- 
mander-in-chief with their respective troops, may be a matter of opinion. 
But the fate of the day would probably not have been affected by their 
presence or absence. Mackay had the troops of Annandale and Eoss under 
his command at Killiecrankie, and their inexperienced captains would not 
probably have affected the general result. The battle of Killiecrankie was 
claimed as a victory for King James ; but it was dearly bought by the death 

1 22d July 1689, Acts of the Parliaments of Scotland, vol. ix. p. 104, 



ADDRESS OF THE CLUB TO KING WILLIAM, 1689. cclxv 

of Dundee, his ablest general, who fell mortally wounded on the field of 
battle. Macpherson, of Ossian fame, published a letter purporting to be 
written by Dundee the day after the battle, giving an account of his victory. 
But recent investigations have demonstrated that Dundee actually died in 
the midst of the battle. Lord Macaulay in his history gives a brilliant 
account of the battle of Killiecrankie, and states that the alleged letter by 
Dundee to King James is as impudent a forgery as Fingal. 1 

Certain subjects which had been agitated in the convention and parlia- 
ment were still discussed by the members of the Club and others. These 
had reference, first, to the nomination of committees by the estates ; second, 
to the act abrogating the act of 1669 asserting the king's supremacy in 
causes ecclesiastical ; third, to those persons not to be employed in public 
trust ; fourth, to the act about nominating the lords of session ; and fifth, to 
the act restoring the presbyterian ministers since 1st January 1661. 

Those favourable to these measures prepared a formal address to King 
William, in September 1689, urging him to ratify the acts voted in the current 
parliament. The address, which was signed by eleven peers, including 
Sutherland, Morton, Argyll, Annandale, Eoss, and others, and also sixty-one 
commissioners to parliament, 2 was a formidable document, and the king 
ultimately gave favourable consideration to several points in it. But he 
never consented to the incapacitating act, and he reserved to the crown the 
nomination of the lords of session. 

A proclamation was issued against members of parliament leaving the 
kingdom. But Lords Annandale and Boss and Sir James Montgomerie 
disregarding it hastened to London to present the address to the king. A 
rumour had arisen that the king meant to nominate the lords of session, 
and this increased their anxiety. They kept pressing Portland upon the 
subject, who received them in a friendly spirit, and they so far succeeded 

1 History of England, 1855, vol. iii. p. 363. 

2 The Melvilles, Earls of Melville, etc., 1890, vol. iii. pp. 209-213. 
VOL. I. 2 L 



CClxvi WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

with him that on the 9th of Octoher the nomination was delayed. They 
came to Newmarket on the 14th, accompanied with Mr. Johnstone, their agent. 
After some delays and discussions as to who should present the address, 
Annandale made the presentation. A letter of the period says the king had 
heard all of them, but they had no reason to brag of kind entertainment ; 
and adds, "the whole clubb is now shatering." 1 

Sir James MontgOmerie, stung with disappointment, first at not receiving 
the appointments he expected, and now at losing the king's favour, entered 
into that scheme known in history as " Montgomerie's Plot." His object 
was to effect a revolution against King William for the purpose of restoring 
King James. Annandale, who joined in the plot, being young and inexperi- 
enced, came to see his error, and made his escape from it by a frank con- 
fession, in which he gives the following account of its inception : — 

."After the first adjournment of the Scots parliment in the year 1689, the 
Earle of Annandall, Lord Eoss, Sir James Montgomery of Scalmorlej r , cam to 
London, contrair to the King's express command, and presented ane Adres to his 
Majesty, which with a lybell, called the vindication of it (wryten be Mr. Robert 
Ferguesson, as Sir James told the earle, who furnished him with the materialls), 2 
gave such offence to the king, as mad us quickly see we had totalie lost the king's 
favour. Thus, the earle continoued at London, without entering into anay desyn, 
till the beginning of December, about which tym, Sir James Montgomerie, who 
is, perhaps, the worst and most restles man alyve, cam to the earle, and proposed 
to him, that since ther was no hops of doing any thing with the king, we ought 
to apply our selfs to King James, who was our lawful prince, and who no doubt 
wold give us what preferments and imploymeiits we pleased. To this purpose, 
severall days we discoursed, and the earle having agreed to the proposition, it 

1 Letter, 15th October 16S9, from David vindicated. Glasgow : Printed by Andrew 
Nairne, The Melvilles, Earls of Melville, Hepburn. Anno Dora. 1689." The lan- 
vol. i. pp. 211, 212. guage employed in this tract is particularly 

bitter in abuse of the king's ministers of 

2 The libel referred to bore the following state, and especially Lord Stair and Sir 
title : " The late Proceedings and Votes of John Dalrymple, his son. The Address is 
the Parliament of Scotland ; contained in an printed at the end of the pamphlet, and is 
Address delivered to the King, signed by the said to have been delivered to his Majesty at 
plurality of the members thereof, stated and Hampton Court on 15th October 16S9, 



THE CONFESSION OF THE EARL, 1690. cclxvii 

was theraffcer proposed be Sir James to the lord Koss, who after much difficult! e 
ingadged therin." 

The earl in his confession states that he and Lord Eoss had little to do 
but say "Amen" to Sir James, who had drawn out already (1) a commission 
for Annandale to represent King James in parliament ; (2) instructions to 
his commissioner with thirty-two articles ; (3) a declaration for Scotland. 
These were to be sent to the late king to be signed. Visits were made to 
the Fleet prison to discourse the project with one Simpson and Neville 
Payne ; and other meetings were held, ending with one at Captain William- 
son's house, near Hyde Park, where the papers to go with Simpson and his 
credentials were signed. Annandale explains that their project was to bring 
home King James by a parliamentary majority ; for though they durst not 
insinuate as much to the dissenters, they " really abhorring that thought," 
yet reckoning that many of them would concur to force the king to yield to 
demands he disliked, they hoped the country might thereby be put into con- 
fusion, or a new parliament called, which they expected would be for King 
James. To carry on the project they returned to Edinburgh, waited on Lord 
Arran, and told him what they were to do to bring in his old master. The 
Club, or those of them still under Sir James Montgomerie's influence, now 
joined with the Jacobites to obstruct the king's affairs. This continued till 
the meeting of parliament. Meantime the king authorised Lord Melvill to 
publish his instructions to his commissioner, by which it was shown to the 
country that the delay in establishing the presbyterian church in Scotland was 
noways attributable to the king. One effect of this was that leading members 
of the Club fell away — such as the Earl of Argyll and Sir Patrick Hume, and 
the Laird of Culloden went on a mission to Scotland to counteract the efforts 
of Sir James Montgomerie. The Earl of Crawfurd, writing to Lord Melvill, 
says, " I am much delighted with his Majestie's instructions to the Duke of 
Hamilton, the printing of which hes allready remarkable effects on the 
people, and throughly cured many of the members of parliament who 



cclxviii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

formerly wer displeased." x The king ordered the troops of Lords Annan- 
dale and Eoss to be divided amongst the standing troops, or disbanded. 2 

Annandale and the other Scottish lords returned home about the begin- 
ning of January 1690, and were honoured by many as great patriots. 3 The 
message which Montgomerie and his friends sent to King James in France 
was acknowledged by his queen, Mary of Modena. Her first letter to Sir 
James Montgomerie, dated 23d March (1690), expresses her persuasion that 
she had to do with men of honour, and refers to a cautious abridging of the 
royal power. Her second letter states at length the arrangements made 
in France for forwarding the wishes and designs of her husband, King James. 

Parliament met on 15th April 1690. The presence of the king being re- 
quired in Ireland, he sent the Earl of Melvill to attend as his commissioner. 4 
After adjournments to the end of the month, legislation was proceeded with 
harmoniously till the 22d of July, when it was adjourned till September. 
But the plan of co-operation in parliament between the remaining members 
of the club and the Jacobites did not help the club with the dissenters, 
and even the Jacobites failed them, for, finding the inconveniences that might 
arise to them from so public an appearance against the interest of the king, the 
Jacobites told them plainly they would leave them and concur in the money 
bill. The attempt of the club to have parliament dissolved was thus frustrated. 

Mr. Simpson returned to Edinburgh towards the end of May 1690, and 
brought from King James, then in Ireland, a great bundle of papers in a 
leather bag sealed with the king's seal, which he delivered to Sir James 
Montgomerie; and which, according to Annandale's confession, contained 
the following commissions and letters : — 

1. A commission to Annandale to be high commissioner. 

1 Crawfurd to Melvill, 19th December 3 Dalrymple to Melvill, 10th January 
1G89, Leven and Melvill Papers, p. 349. 1690, Leven and Melvill Papers, p. 367. 

2 Order dated 4th January 1690. The 4 His instructions are dated at Kensington 
Melvilles, Earls of Melville, vol. ii. p. 40. 25th February 1689-90. 



COMMISSIONS BY KING JAMES TO THE PLOTTERS. cclxix 

2. Instructions to him in a large parchment, consisting of 32 articles, and 
many particular instructions. 

3. A commission for a council of five, very ample, to Arran, Annandale, Eoss, 
Sir James Montgomerie ; and whether the fifth was blank, or Argyll's name filled 
up in it, Annandale could not remember. 

4. A commission of council, wherein the Duke of Hamilton and most of the 
old privy council were named, and a blank for the council of Five. 

5. A commission for the session, wherein are named Sir James Ogilvie, 
Sir William Hamilton, and many others. 

6. A commission of justiciary. 

7. A commission for James Stewart to be lord advocate. 

8. A general indemnity, six persons only excepted — the Earl of Melvill, Earl 
of Leven, L. G. Douglas, Major G. Mackay, Sir John Dalrymple, the Bishop of 
Salisbury. 

9. A great many letters written with the late king's own hand, and above 
forty superscribed by him, to be directed and delivered as the council of five 
should think fit. 

10. A letter to three that sent the message. 

11. A particular letter to Annandale, and a commission to command the 
castle of Edinburgh, with a patent to be a marquis. 

1 2. A commission to Sir James Montgomerie to be secretary, and a patent to 
be an earl. 

13. The Lord Eoss had a patent to be an earl, and a commission to be 
colonel of the horse-guards. 1 

Annandale's confession further explains that the papers were all taken 
to Lord Arran's chambers in Holyroodhouse, and examined. Afterwards 
the principal of them were taken to Lord Breadalbane's chamber, and 
examined by the Marquis of Atholl, the Earl of Breadalbane, and others, 
where the three leaders were much blamed " for thinking that it was pos- 
sible to doe King James bussines in a parlimeutarie way ; and that in place 
of thos papers, we ought to have sent for ammunition, and arms, and som 
forces, if they could be obtained." The papers received from King James 

1 Leven and Melvill Papers, pp. 509, 510. "The Earldom of Air was conferred upon 
Montgomery." [Dalrymple's Memoirs, 1790, vol. iii. p. 11.] 



cclxx WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

were thereafter burned in Breadalbane's chamber, as those in the custody 
of them might find them to be dangerous documents. 

The question next arose of making a return to King James's letters. 
Annandale did not encourage any further communication with the late king, 
and went into the country to escape the importunities of Sir James 
Montgomerie. The three principal leaders in this plot now became alarmed, 
and hastened to make their peace with the government by confessions of the 
part each had played in the conspiracy. Sir James Montgomerie was the 
first to write to Lord Melvill, offering to wait upon him and clear himself of 
the false accusations made against him. He did this to escape imprison- 
ment, which, in the state of his health, would have occasioned his death. 1 
Lord Eoss was the first actually to offer to make his confession, and was 
sent by Melvill to Queen Mary. He averred that the burning of the papers 
received from King James was owing to James's refusal to dismiss his 
Popish officers. Sir James Montgomerie next offered to make disclosures, 
but, like Lord Eoss, insisted first on an indemnity, and that he should not 
be used as a witness. 2 

The Countess of Annandale, who had been kept in total ignorance of the 
plot, hastened to Lord Melvill, and begged of him a letter to the queen that 
she might intercede in her husband's favour. Melvill wrote to the queen : — 

" I could not refuse the solicitations of a faire lady to give your Majesty 
this trouble. I doubt not but she is both innocent and ignorant of what hath 
been her lords carriage, and its no wonder she be much concerned ; and I do 
think him to be the least guilty and the most ingenuous person of the three 
friends, as the late queen designed them in her letters to them. I wish he had 
been more frie, and given your Majesty greater satisfaction." 3 

The Countess of Annandale lost no time in repairing to London, and 
immediately waited on Sir William Lockhart, who was solicitor-general, with 

1 Hirst, 18th June 1690. The Melvilles, Earls of Melville, vol. ii. p. 156. 

2 Leven and Melvill Papers, pp. 454-456. 

3 Melvill to the Queen, 6th August 1690. Ibid. p. 488. 



COUNTESS SOPHIA INTERCEDES FOR HER HUSBAND. cclxxi 

proposals for a remission to the earl on certain conditions. Sir William 
states the outcome of these proposals. He says : — 

"The queen was verie willing that he should be reunited on thir terms; 1st, 
That he should mak a full discovrie of all he knew, both as to persons and things. 
2. That the account shold be in wryting. 3. That he shold surrender himselfe to 
me, and shold not converse, either by word or wryting, with any person, nor 
receive anay messadge in relation to the cryme he had been, or knew others to be, 
guiltie of; and the queen promises he shall not be ane evidence ; to which he 
agreed, and accordingly yesternight he surrendered himselfe. It was latt, and 
therfor have not had yet much discours with him ; onlie he tells me that Sir 
James Mongomerie is the greatest of all vilains, that he was the author and 
ajent of all." 

Sir William adds he had been in town since Saturday morning. He had 
desired to see Annandale, but was refused, and he had been with Ferguson 
and other rogues " who cut Eoss throat." He states that the queen was to 
see Annandale that night, and inquires whether Melvill thought he should 
cause seize Sir James. The queen gave a formal warrant embodying the 
above conditions, and giving her royal word that the Earl of Annandale 
should never be used as a witness against any person mentioned in the 
information she was to receive from him. The earl in his interview with 
the queen, gave " a full and faithfull account of the Conspiracie " he had 
been engaged in, which was written down from his mouth by Sir William 
Lockhart. 1 This confession cleared up most of the obscurities in the case. 
Sir William was highly satisfied that Annandale had dealt so plainly with 
the queen, and how providentially he had come in " why 11 both the other 
two, who made much grater professions, have plaid the rogue." 2 In another 
letter he expressed the hope that Lord Melvill was satisfied " of this man's 
ingenuitie," and that he had expressed his sense of the villainy he had been 
guilty of, that it left impressions on those who heard it. During this trying 

1 Dated 14th August 1690, Leven and Melvill Papers, pp. 506-512. 

2 Lockhart to Melvill, August 1690, Ibid. p. 515. 



cclxxii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

time for Annandale, Melvill, as commissioner, had shown so much considera- 
tion for his lordship that the latter wrote a grateful letter expressing his 
belief that he owed his being in so good circumstances to his Grace, and 
assuring him he should ever retain a suitable sense of so great a favour. 1 

The question of making further discoveries about the plot continued to 
engross attention some time longer, even after the king's return from Ireland. 
Sir James Montgomerie had an interview with the queen. His information 
was meagre and unsatisfactory ; and he afterwards made his escape to 
France. Lord Eoss was sent to the tower of London and liberated without 
any prosecution. Annandale was not proceeded against for his share in the 
plot. He was less guilty than his associates, and had made atonement by 
his ingenuous confession. Annandale now avoided all public communi- 
cation with the plotters or Jacobites, and became perfectly loyal to King 
William's government. A good deal of the summer of 1691 he spent at 
Bath, and afterwards retired to his old tower of Lochwood, where he was 
only conversant with his papers and private business. He wrote thence 
in October 1692 congratulating King William's return to England, and 
saying he would ever be ready to sacrifice for his interest that life and 
fortune " which in a speciall maner I hold of their Majesties." 2 Annandale 
was too important and influential a nobleman to continue spending his 
time over his private family muniments and the routine business incident 
to a country gentleman. In the next chapter we shall find that he 
emerged from his voluntary retirement in his native dale, and took an 
active and prominent part in the public offices and business of the nation. 

1 Annandale to Melvill, 20th August 1690, Leven and Melvill Papers, p. 495. 

2 Vol. ii. of this work, p. 55. 



REMISSION BY KING WILLIAM THE THIRD, 1690. cclxxiii 

CHAPTER THIRD. 

Made a member of the Privy Council and an extraordinary Lord of Session, 1693 — Death of 
Queen Mary, 1694 — Chosen president of the Council, 1694 — Presides in parliament and 
on incpuiry under a royal commission as to the massacre of the Macdonalds of Glencoe, 
1695 — Marriage of Lady Henrietta Johnstone, 1699 — The Darien Scheme, 1699 — 
Commissioner to the General Assembly, 1701 — Created Marquis of Annandale, 1701 — 
Death of King William, 8th March 1702— Character of Annandale by King William. 

Escaping from the intrigues into which he was unfortunately involved 
for the restoration of King James the Seventh, we now enter upon a more 
prosperous chapter in the career of the young earl. His political offence 
was amply forgiven by King William by a formal remission dated 9th 
December 1690 and registered in 1693. 1 Annandale was now in his twenty- 
eighth year, and soon entered upon a course of prosperity under King- 
William. 

A cadet of the house of Johnstone had by his talents raised himself 
to a position of influence in the service of the king. This was James 
Johnstone, second son of Archibald Johnstone of Warriston, who was a 
prominent figure and leader among the covenanters. James Johnstone was 
known as of Twickenham in the county of Middlesex. On the accession of 
King William, he was sent ambassador to the Elector of Brandenburg. 
Later, he was recalled, made secretary for Scotland, probably in 1692, as, in a 
letter to Annandale which he wrote in 1695, he says he had been in office as 
secretary for three years' time. He held the office for four years. He was 
afterwards appointed lord clerk register of Scotland by Queen Anne in 1704, 
an office which his father held for nearly ten years from 1649. John Macky 
in his "Memoirs of Secret Services," 1733, held Secretary Johnstone in high 
regard for his honesty, veracity, learning and virtue. He says, " he would not 
tell a lye for the world," adding, that he was a tall fair man and towards fifty 
years of age. 2 

1 Quoted in List of the earl's patents, commissions, etc., in Annandale Charter-chest. 

2 Macky, pp. 204-20G ; vol. ii. of this work, pp. 93, 94. 

VOL. I. 2 M 



cclxxiv WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

Annandale and his distinguished Johnstone cadet hecame very intimate 
friends about the time that James Johnstone was appointed secretary for 
Scotland. The cadet seemed proud of his chief, and the chief seemed equally 
proud of his cadet, who used his personal influence to bring the earl into the 
government of Scotland. The correspondence between these two Johnstone 
friends was close and intimate. Many letters of the secretary to Annandale 
have been preserved, and a selection of them appears in the second volume 
of this work. These will show the confidential terms in which they 
stood to each other. In a letter from Mr. Fairholm of Craigiehall, dated 
Westminster, 1st December 1692, to his son-in-law, Annandale, he 
explains that he was then in close communication with Secretary Johnstone, 
from whom he learned that " there were great things on the wheels," and 
that the secretary was going to Kensington with many papers, being near 
the close of his waiting, and his head full of business. " He, his brother, 
and his men, this moneth bygone, lies beene wryting everie day betwixt four 
and five in the morneing, and just now we hear he hes not now at seven 
o'clock put on his cloathes." " He has a hand in all things now of con- 
sequence, and rises daily." 1 Much of the correspondence of James the 
secretary was conducted by his brother Alexander, his assistant in his office 
as secretary, who was the medium of intimating to Annandale that he was 
appointed a... member of the privy council and an extraordinary lord of 
session. The tone of Alexander Johnstone's letter to the earl shows his own 
personal satisfaction with the success of his chief. He writes : " The prize is 
wone. The tyde is turned. Yourself is in councell and one of the extra- 
ordinary lords of session too, and this is but, I hope, only an earnest of 
what will follow for your advantage." He urges the earl to hasten to Edin- 
burgh to take possession of these posts in so critical a time, and to make 
himself useful if not necessary to the government for the future. 2 To this 

1 Vol. ii. of this work, p. 56. 

2 Letter, 2d February 1693, ibid. \\ 57. 



MADE A PRIVY COUNCILLOR AND LORD OF SESSION, 1693. cclxxv 

letter Annandale made a suitable acknowledgment. Chancellor Tweeddale 
also wrote his lordship promising him a welcome at the council 
board. 1 

The fourth session of the first parliament of King William and Queen 
Mary was begun at Edinburgh on the 18th of April 1693. William, 
Duke of Hamilton, was commissioner. The act for taking the oath of 
allegiance and assurance was passed on 19th May 1693 in favour of King 
William and Queen Mary, as the only lawful sovereigns of the realm, and 
to maintain their title against the late King James. The oath of allegiance 
was also ordered to be taken by all noblemen, members of parliament, and 
persons in public trust. 2 

Both in and out of the parliament, Annandale gave proof of his zeal for 
the government, which Lord Carmichael, the lord justice-clerk, and others 
reported to the king, on their return to London. He succeeded in 
apprehending a Jacobite emissary named Stanke, and exerted himself to 
apprehend others on a like mission to the Borders. 3 By these and other 
measures Annandale exposed himself to the malice of the Jacobites. He writes, 
" I have rendered myself the most obnoxious man in the nation to there malice 
and envie." 4 The privy council having under their consideration the case of 
the Bass men, who had held out the fortalice for King James, the question came 
to be, Beprieve or not 1 Lord Cassillis argued the commission of King James 
as a ground for reprieving the prisoners. When the question came to the vote, 
Annandale was the first that voted, Not. By the chancellor's casting vote, it 
was carried for reprieve to the first Friday of May. The council then took 
the prisoners' petition into consideration, and resolved to set them all at 
liberty on bond. Annandale writes : " When they came to this, Sir Thomas 



1 Letter, 5th February 1693, vol. ii. of thia 3 Alexander Johnstone to the Earl, 15th 
work, p. 58. February 1694, vol. ii. of this work, p. 68. 

2 Acts of the Parliaments of Scotland, 4 Letter to James Johnstone, March 1694, 
vol. ix. pp. 238, 262-264. ibid. p. 72. 



cclxxvi WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

Livingston and I went to the door, so that wee were not actors in it." 1 From 
his letters at this period, it will be found that Annandale took a lively interest 
both in the civil and ecclesiastical affairs in progress, especially in the proceed- 
ings of the Assembly. Mr. Carstares, when in Edinburgh, dined with him and 
professed great friendship. 2 At the end of the year 1694, Annandale received 
from the council the nomination to be their president. Secretary Johnstone 
congratulated him upon the honour, and advised him to write a letter of thanks 
to Lord Portland, and " not to mince the matter of the fatal step you made." 3 
The secretary, on the king's order, wrote that he was very well satisfied with 
the council's choice, but that he did not write this in a public letter, because 
he was informed there was a point of right in it, and he had not yet heard the 
case. 4 Following the counsel of the secretary, Annandale wrote to Lord 
Portland lamenting the " unjustifiable and false step " he made some years 
previous, which lost him his lordship's favour and that of their Majesties ; 
that he had never sought to extenuate his guilt as others had done ; but 
had separated himself from those who were then associated with him. He 
also craved his lordship's commands, as the council had asked him to preside 
till the king's pleasure was known. 5 To this letter Portland returned 
him a courteous answer. 6 

On 28th December 1694, at one o'clock in the morning, Queen Mary 
died. In a letter of that date, Mr. Secretary Johnstone describes to 
Annandale the last moments of the queen, and the king's inexpressible grief. 
He says, " Lord Portland and the archbishop upon her death carried him 
to his own room, but he sleeps none. The queen said all along that she 
believed she was dying. She had her senses to the last. She received the 



1 The Earl to the Secretary of State, 5th 3 The Secretary to the Earl, 6th December 
April 1694, vol. ii. of this work, pp. 72, 73. 1694, ibid. pp. 79, SO. 

4 11th December 1694, ibid. p. S2. 

2 Letter, the same to the same, 17th and 5 Letter, December 1694, ibid. p. 84. 
ISth April 1694, ibid. p. 75. e ^jth March 1695, ibid. p. 103. 



PRESIDES IN PARLIAMENT, 1695. cclxxvii 

sacrament, and told the archbishop that she had always been against trusting 
to deathbed repentance, and therefore had nothing to do. The king says that 
she never offended him during their seventeen years' married life." a 

As president of the council, Annandale prepared and signed, with other 
members, an address to the king on the death of his consort. 2 The address 
was delivered by the Marquis of Tweeddale, chancellor, and the king said he 
would answer it, which was all he could do at the time. The chancellor took 
the opportunity to speak of the necessity of the king's approbation of the 
council's choice of president, which thereafter was signed late at night and 
despatched by the secretary. 3 The letter of the king to the council, which 
is printed in this work, 4 approves the nomination of Annandale to preside in 
the council during the chancellor's absence, or till the king's further pleasure. 

The fifth session of the first parliament of King William was opened 
at Edinburgh on 9th May 1695. John, Earl of Tweeddale, lord chancellor, 
who was commissioner, by the king's command appointed Annandale to be 
president of the parliament. The earl thereupon took his place and swore 
the oath of allegiance and oath of parliament, and subscribed the allegiance 
and assurance. After the king's letter to the parliament was presented by 
the commissioner and read, the Marquis of Tweeddale made a speech to the 
parliament, and after he had concluded, Annandale, as lord president, fol- 
lowed with a speech of considerable length. He began by saying that it was 
a great and undeserved honour that he had his Majesty's commands to 
preside in that session of parliament, for he knew well his own insufficiency 
to discharge so important a trust, " but duty calls, and I must obey." He 
refers, among other things, to the king's exposing his person to the dangers 
of war, to his assurances to maintain the presbyterian government of the 



1 Letter, 28th December 1694, vol. ii. of this work, pp. 88, 89. 

2 Ibid. p. 90. 

3 The Chancellor to the Earl, 15th January 1695, ibid, p, 92. 

4 Court at Kensington, 12th January 1695, ibid. p. IS 



cclxxviii WILLIAM, FIRST MARQUIS OF ANNANBALE, 1672-1721. 

church, and to the sad and irreparable loss which they had sustained of the 
best of queens, ending with the following peroration : — 

"And as we ought to give him (the king) all the assurances imaginable that 
we will effectually maintain and support his interest and government against all 
his enemies, so, when we put a just value upon so great a blessing, it may be a 
prevailing means with God to continue him long and prosperously with us." 

Annandale's speech, along with that of the commissioner, was ordered by 
parliament to be printed, and they both appear in the printed minutes of 
parliament. 1 

At the early hour of five o'clock on the morning of the 13th of the wintry 
month of February 1692 a tragedy occurred in the gloomiest of all the 
Highland glens of Scotland. This tragedy came to be known in history as 
the " Massacre of Glencoe." The slaughter included old men, and even women 
and children, of the Clan Macdonald. Owing to the suddenness, secrecy, and 
treachery with which the military butchery of this clan was committed, as 
well as to the remoteness and seclusion of the glen and its inhabitants, and 
the consequent slow communication which passed between the glen and the 
outer world, 2 considerable time elapsed before the incredible reports of the 
massacre came to be believed. But at length the startling facts became 
known, and were made a handle of against King "William and his government 
as atrocities greater than any committed under the Stewart kings. The 
murmurs of the people, both in Scotland and England, and even in France, 
were so pronounced, that King William and his government found it neces- 
sary for their own vindication to institute an inquiry into the circumstances 
which attended the tragedy. That inquiry was instituted in 1693. But the 
result of it was unsatisfactory, and two years later a more comprehensive 
and practical commission was appointed by King William, under the great 

1 Acts of the Parliaments of Scotland, vol. ix. pp. 347, 350, 351 ; Appendix, pp. 95, 96. 

2 Glencoe is in the district of Lome, in the united parishes of Lismore and Appin, in the 
county of Argyll. 



COMMISSION ON MASSACRE OF GLENCOE, 1G95. cclxxix 

seal, on 29th April 1695. 1 The new commissioners were a body of experi- 
enced and competent noblemen and gentlemen, nine in number, namely, 
John, Marquis of Tweeddale, lord chancellor ; William, Earl of Annandale ; 
John, Lord Murray ; Sir James Steuart, lord advocate ; three senators of the 
college of justice, being Adam Cockburn of Ormistoun, lord justice-clerk, 
Archibald Hope of Eankeillour, Sir William Hamilton of Whitelaw ; and 
also Sir James Ogilvie, solicitor-general, and Adam Drummond of Megginch. 
The commissioners were empowered to make inquisition into the mode of the 
slaughter, and the authority by which it was committed. They were also 
empowered to call for all warrants or instructions which had been granted 
thereanent, and to examine all persons connected therewith. 

Although Lord Chancellor Tweeddale was formally at the head of the 
commission, the business connected with it was conducted by the Earl of 
Annandale as president of the parliament ; and it is owing to his connection 
with that special inquiry that notice requires to be taken of it in his memoir. 
The parliament unanimously thanked the king for ordering such an inquiry, 
whereby the honour and justice of the nation might be vindicated. 2 

The commissioners commenced the prosecution of their labours soon after 
the date of their commission, and although they had many difficulties in 
obtaining the attendance of witnesses and recovering the correspondence, 
warrants, and other papers connected with the massacre, they prepared a 
report, which they transmitted to the king on 20th June 1695. The report 
is a full and exhaustive one, extending to 18 quarto pages of print. 3 The 



1 Acts of the Parliaments of Scotland, had completed their report, Mr. Hew Dal- 
vol. ix., Appendix, p. 98; also Papers relating rymple, advocate, brother of Secretary Dal- 
to the Highlands of Scotland, Maitland Club, rymple, printed a pamphlet in his vindication 
1845, pp. 97, 98. and against the commissioners. The author 

2 Acts of the Parliaments of Scotland, had to apologise, and his pamphlet was pro- 
vol. ix., Appendix, p. 9S. nounced by the parliament to be false and 

3 Papers relating to the Highlands, ut calumnious. [Acts of the Parliaments of 
supra, pp. 99-116. Before the commissioners Scotland, vol. ix., Appendix, p. 9S.] 



cclxxx WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

commissioners reduce their findings to four general heads — the fourth of which, 
as it decides where the responsibility for the massacre lay, is here given : — 

"Fourthly, that Secretary Stair's letters, especially that of the 11th of 
January 1692, in which he rejoyces to hear that Glenco had not taken the oath, 
and that of the 16th of January of the same date with the king's additional 
instructions, and that of the 30th of the same month, were no ways warranted, 
but quite exceeded the king's foresaid instructions ; since the said letters, without 
any insinuation of any method to be taken that might well separate the Glenco- 
men from the rest, did, in place of prescribing a vindication of publick justice, 
order them to be cut off and rooted out in earnest, and to purpose, and that 
suddenly, and secretly, and quietly, and all on a sudden ; which are the express 
terms of the said letters ; and, comparing them and the other letters with what 
ensued, appear to have been the only warrant and cause of their slaughter which 
in effect, was a barbarous murder, perpetrated by the persons depon'd against." 1 

After transmitting the report to the king, as it had been urgently re- 
quired for their information, parliament continued their inquiries. On 10th 
July 1695 they sent an address to the king. It was signed by the Earl of 
Annandale as president. The address repeated the words of the report by 
the commissioners that the killing of the Glencoe men was as unwarrantable 
as the manner of doing it was barbarous and inhuman. 2 

The principal persons connected with the slaughter of the Macdonalds 
were ten in number : — 

(1) Sir John Dalrymple, Master of Stair, joint-secretary of state for Scot- 
land, who wrote the instructions by the king. The address to the king 
blames the secretary as the chief cause of the slaughter. 

(2) Sir Thomas Livingstone, commander-in-chief of the forces in Scotland. 
The parliament, in their address to the king, referred to the instructions 
which Secretary Dalrymple transmitted to Sir Thomas. But they do not 
blame or justify the commander. 

1 Papers relating to the Highlands, p. 115. 

2 Acts of the Parliaments of Scotland, vol. ix. p. 424. 



PERSONS CONCERNED IN THE MASSACRE. cclxxxi 

(3) Colonel John Hill, governor of Fort William, who also received 
instructions from the secretary. The parliament decided unanimously that 
Colonel John Hill was clear and free of the slaughter of the Glencoe men. 

(4) Lieutenant-Colonel James Hamilton, who was told off by Colonel 
Hill with soldiers for Glencoe. 

(5) Major Eobert Duncanson, commanding Lord Argyll's regiment. At 
the time of the inquiry, in 1G95, he was in Flanders, and the parliament 
had no access to the orders which he issued. Their address to the king 
recommended that he should be examined in Flanders and sent home for 
prosecution. 1 

(6) Captain Eobert Campbell of Glenlyon, of Lord Argyll's regiment. 

(7) Captain Drummond. 

(8-9) Lieutenant Lindsay and Ensign Lindsay. These two were of the 
same regiment as Captain Campbell. 

(10) Sergeant Barbour. 

Of all these military men who were connected with the massacre of 
Glencoe, Colonel John Hill, the governor of Fort William, is the only officer 
who is "cleared" or exculpated in the report by the commissiouers and 
parliament of the " barbarous murder ; " all the other officers are directly 
blamed, and appear to have escaped punishment either by absconding from 
justice, or by being engaged at the time in active military service in Flanders. 

After the report of the commissioners was transmitted to the king on 
20th June 1695, Annandale, as president of the parliament, issued a warrant 
to cite Lieutenant-Colonel James Hamilton to appear before parliament. 
Upon his non-appearance he subscribed another warrant for his apprehension, 
and to have him denounced a rebel. 2 Thereafter parliament, from the infor- 

1 Mr. Hill Burton states that at the period instructions for the massacre. [History, 

of the massacre a Robert Duncanson was vol. i. p. 1G5, note.] 

procurator-fiscal of the justiciary of Argyll, 2 Minutes of Parliament, 2d, 4th, and 8th 

and that this was probably the same person July 1695, vol. ix., Appendix, pp. 110, 117, 

who, as a major in the regiment, issued the 119. 

VOL. I. 2 N 



cckxxii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

mafciou before them, declared him to he implicated in the murder of the 
Glencoe men, and that there was ground to prosecute him. 

Although the colonel was in Edinburgh at the time of his citation, he was 
so conscious of his danger, if not also of his guilt, that he declined to face the 
court of inquiry into his conduct. His letter to Annandale excusing himself 
therefor is still preserved in the Annandale charter-chest, and is printed in 
this work for the first time. 1 Parliament next agreed that the king should 
be addressed to send home from Flanders for prosecution Captain Drummond, 
Captain Campbell of Glenlyon, and Adjutant Lindsay and others. 

This disposed of all the military officers concerned in the Glencoe massacre, 
and there only remained the question of the guilt of Sir John Dalrymple. 
Apart from the formal warrants, which he obtained from the king, his private 
letters to Sir Thomas Livingstone and others, which breathe fierce expressions 
against the Glencoe men, and give instructions " to be exact in rooting out 
that damnable sect, the worst in all the Highlands," plainly show his keen 
desire to have them extirpated. 2 The subordinate military officers took their 
cue from the determined spirit of extirpation shown by Dalrymple. 

Mr. Hill Burton's History of Scotland was published in 1853. He 
explains that after his account of Glencoe was printed, he was permitted to 
inspect a collection of papers in the charter-chest of Lord Breadalbane having 
general reference to the date of the massacre of Glencoe. He states that the 
letters of Breadalbane, Dalrymple, and one or two others in the secret, have a 
very " fiendish appearance." They speak about mauling the men of Glencoe 
in the cold, long nights, when they cannot live on the mountains ; about not 
troubling the government with prisoners ; about seeing that the old fox and 
his cubs do not escape, and about striking the blow silently and secretly, 
otherwise the victims may flee to the mountains, and the like. 

Blame has been frequently thrown upon King William because his formal 
instructions to Sir Thomas Livingstone, commander-in-chief of the forces in 

1 Vol. ii. of this work, p. 118. 2 Papers regarding the Highlands, p. 62. 



THE INSTRUCTIONS OF THE KING ABOUT GLENCOE. celxxxiii 

Scotland, to carry out the military executions against Glencoe were both 
" superscribed " and " subscribed " by him. On 11th January 1692, Sir John 
Dalrymple, in a relative letter of that date, specially draws the attention of 
Sir Thomas Livingstone to this feature of the royal warrant, evidently for the 
purpose of possessing him with an idea of the strong desire of the king to 
have the military executions carried out with rigour and zeal. This feature 
of the royal warrant and the pointed reference to it by the Master of Stair, 
whatever effect it had upon Sir Thomas Livingstone, has undoubtedly con- 
veyed the deep impression to subsequent historians and to the public gener- 
ally, desired by the secretary of state, namely, an impression of the king's 
determination to root out the Highland rebels. Sir Walter Scott, who de- 
scribes the massacre with much detail, gives expression to this common 
belief. He observes : — 

" It is remarkable that these fatal instructions are both superscribed and sub- 
scribed by the king himself, whereas in most state papers the sovereign only 
superscribes, and they are countersigned by the secretary of state, who is answer- 
able for their tenor." 1 

Great injustice has been done to King William by the misrepresentation of 
the facts on this particular point. The king did not, as has been supposed, 
depart in the least from the course which he usually followed in subscribing 
royal warrants and instructions when he superscribed and sub-initialed his 
instructions to Sir Thomas Livingstone on 11th January 1692, and also his 
additional instructions to him on the 16th of the same month. The prac- 
tice of the sovereigns of England was to superscribe all royal warrants. On 
the other hand, that of the sovereigns of Scotland was to subscribe them. 
King James the Sixth, after his accession to the throne of England, King 
Charles the Eirst, and King Charles the Second all followed the English 
practice of superscribing warrants. King William followed the same course 

1 Tales of a Grandfather, 1S29, vol. iii. p. 213. 



Cclxxxiv WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

of superscribing his name in full, but also very commonly with the addition 
of writing his initials of " W. E." at the foot of the warrant. The Earl of 
Melvill, the first secretary of state for Scotland under William, received many 
warrants and instructions under the hand of the king, bearing his full name 
" William E." superscribed at the top and his initials " W. E." at the foot. 
Occasionally when the king superscribed in full, and did not add his initials 
at the foot of the warrant, the secretary of state subscribed his name in 
place of the royal initials. Many examples of warrants so superscribed and 
initialed by the king to Major-General Hugh Mackay, his commander-in-chief 
in Scotland, and others have been recently printed for the first time, and 
bear out what has now been stated. 1 King William, on 18th December 
1689, granted a warrant to the Earl of Leven and Major-General Mackay for 
raising new regiments. That warrant is superscribed by King William and 
countersigned by Lord Melville. 2 The king, on the same date, issued 
separate instructions to Leven and Mackay containing sixteen heads about 
these regiments. The instructions are superscribed " William E. " and sub- 
initialed "W. E," 3 Additional instructions in regard to the forces were 
issued by the king on 4th January 1690. 4 These are superscribed 
"William E." and countersigned "Melvill." Two papers, one containing 
remarks by King William as to church-government in Scotland, and the 
other sending these to the Earl of Melville, both dated 22d May 1690, 
are respectively superscribed " William E." and sub-initialed " W. E." 5 
In the month of February 1690 a warrant was granted by the king to 
Mackay as commander-in-chief to apprehend certain persons suspected 
of treasonable practices. That warrant is superscribed " William E." and 
sub-initialed " W. E." 6 The following is a copy of the document, including 
the facsimiles of the king's superscription and sub-initials : — 

1 The Melvilles, Earls of Melville, 1S90, vol. ii. pp. 37-4S, et seq. 

2 Ibid. pp. 37, 38. 3 Ibid. pp. 3S, 39. * Ibid. pp. 40, 41. 
6 Ibid. pp. 44-4C. 6 Ibid. p. 41. 



KING WILLIAM SUPERSCRIBES AND SUB-INITIALS. cclxxxv 




" You are to take and apprehend any person or persons that shall be given up 
to you in a list sign'd by our right trusty and well-beloved cousen and counsellour, 
George, Lord Melvill, as practisers against the government, and keep them 
prisoners till you deliver them to the governour or deputy governour of the 
castle of Edinburgh, or of any other our castles, and this shall be your warrant. 
Given under our royall hand and seall at our court at Kensingtoun, the 
day of February 1 &f&, and of our reigne the first year. 

For Major Generall Mackay, Commander-in-chief of our forces in Scotland." 




Additional instructions were issued by the king to General Mackay in 
reference to that warrant, 1 which are superscribed " William R" and sub- 
initialed " W. E." in the usual way. 

Bishop Burnet, who was on intimate terms of friendship with King 
William, and was familiar with his mode of transacting official business, 
states that the king signed the two warrants prepared by Secretary Dalrymple 
against the Glencoe men without any inquiry, for, he adds, he was too apt 
to sign papers in a hurry, without examining their importance. This was 
one effect of his slowness in despatching business, by which he suffered 
things to run on till there was a great heap of papers before him, when he 
signed them too precipitately. The bishop alleges that Dalrymple obtained 

1 The Melvilles, Earls of Melville, 1890, vol. ii. p. 42. 



cclxxxvi WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

the superscribing and subscribing of the king, instead of countersigning him- 
self as secretary, that he might escape the odium of the murder and throw it 
upon the king. 1 

The first Lord Balmerino was secretary of state to King James the Sixth 
from the year 1598. In the following year he obtained the signature of the 
king to a letter to the Pope, asking for a cardinal's hat for a friend, and 
praising the Pope and the Catholic religion. The letter was placed among 
other papers waiting the royal sign-manual. In this way the king's signature 
was surreptitiously obtained. When the transaction was discovered in 1608, 
the secretary was tried for treason, found guilty, and sentence pronounced 
that he should be beheaded, quartered, and denounced as a traitor. But 
the sentence was not carried into execution, and the erring secretary was 
afterwards pardoned. It was lucky for Secretary Dalrymple that he had 
William as his master rather than the implacable James. Burnet says " that 
the king's gentleness prevailed on him to a fault, and that he contented 
himself with dismissing the Master of Stair from his service." 2 

In the light of these facts, no inference hurtful to the name of King 
William can be deduced from the circumstance that he superscribed and 
sub-initialed his instructions for the military execution of the Macdonalds 
and others. The form in which these instructions were signed by him 
was the usual one in which he authenticated royal warrants and instructions. 

Historians who have written since the slaughter of Glencoe have treated 
the subject largely and gravely. Lord Macaulay, in his great History, pub- 
lished in 1855, entered into the minutest details of the massacre. His 
graphic account of the murder of old Glencoe and the women and children 
excites a thrill of horror at what the author calls the " bloody butchery." 
His detailed account of the massacre is by far the most exhaustive given by 

1 Bishop Burnet's "History of His own 2 Ibid. p. 161. Burnet further says that 

Time," second edition, 1833, vol. iv. pp. 159- the " not punishing this with due rigour, was 
169. the greatest blot in this whole reign." 



THE DAKIEN COMPANY, 1695. cclxxxvii 



any author. 1 He had the advantage of the report of 1695 made by the royal 
commissioners specially appointed for the purpose of inquiring and reporting 
on the slaughter. The Scottish parliament had become very excited on the 
subject. They were suspicious that the commission of 1695 might prove a 
failure, like the previous commission of 1693. Chancellor Tweeddale had 
difficulty in restraining their eagerness ; and when it became known that the 
report had been issued and transmitted to the king, before it could be laid 
before parliament, there was a great outcry for its production, and, to satisfy 
the intense curiosity which prevailed, the report was at length produced. 
Lord Macaulay acknowledges his great indebtedness to the report, and 
passes a high eulogium upon it. He says that every intelligent inquirer 
will concur with its conclusion, " that the slaughter of Glencoe was a bar- 
barous murder," and " the letters of the Master of Stair were the sole warrant 
and cause." 2 

The recommendation made by the Scotch parliament to King William to 
prosecute the Master of Stair, Lieutenant-Colonel James Hamilton, and the 
other military officers concerned in the massacre, was not acted upon. The 
king, however, dismissed Stair as secretary, and also upon the advice of 
Colonel John Hill, reinstated the surviving Macdonalds in their inheritance 
of Glencoe. 3 This reinstatement was speedily done. 

The same parliament of 1695, which investigated and reported on the 
massacre of Glencoe, passed an act on 26th June entitled, "Act for a com- 
pany trading with Africa and the Indies." 4 The act is elaborate, conferring 
very comprehensive powers on the incorporated company, commonly called 
" the Darien Company," to make settlements, build cities, harbours and 
fortifications, in any place in Asia, Africa or America, uninhabited, or where 

1 It extends from p. 188 to p. 217 of * Acts of the Parliaments of Scotland, 
volume iv. of the History of England, 1855. vol. ix. p. 377. The Company was bound to 

2 Macaulay's History, vol. iv. pp. 574, 575. pay annually to the king and his successors 

3 The Melvilles, Earls of Melville, vol. ii. a hogshead of tobacco in name of blench 
p. 169. duty. 



cclxxxviii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

they obtained the consent of the natives. The directors of the company 
are John, Lord Belhaven, Adam Cockburn of Ormiston, lord justice clerk, 
and eight others, including William Paterson, Esquire. The act has been 
justly called " the most momentous measure of the session, and, indeed, of 
the age, in so far as Scotland is concerned." 1 The spirit of the time in Scot- 
land was one of trading adventures at home and abroad, and enterprising 
men like William Paterson and John Holland were the master minds in the 
mercantile speculations. 

The Darien Company promised at first to be a great success, and money 
was raised over all Scotland to launch the enterprise, but the unsuccessful 
settlement in the Isthmus brought the company and the whole concern 
into dreadful disaster, which became a source of annoyance to King William 
during the remainder of his reign. 

During the time of the existence of the Darien Company, there were 
two principal secretaries of state for Scotland, Sir John Dalrymple, Master of 
Stair, and James Johnstone, as before mentioned. Both lost their offices soon 
afterwards. Mr. Burton says, " In the ensuing year Secretary Dalrymple, 
on whom the wrath of the estates was chiefly concentrated in connection 
with Glenco, was dismissed for a time from the king's service ; but it has 
been said that he suffered rather for his service to his country in passing the 
Darien Company's act than for his cruelty to the Highlanders." " This, 
however, is a mistake. Secretary Dalrymple had everything to do with 
Glencoe, and suffered for it. Secretary Johnstone had nothing to do with 
Glencoe, but he had much to do in passing the act in favour of the Darien 
Company, and on its disastrous failure he suffered for it. 

In the fourth session of the first parliament of King William and Queen 
Mary, held at Edinburgh on 18th April 1693, the king appointed Mr. John- 
stone, to have place and vote in that session 3 as one of the secretaries of 

1 Burton, vol. i. p. 277. 2 Ibid. 

3 Acts of the Parliaments of Scotland, vol. ix. p. 245. 



WILLIAM PATERSON, FOUNDER OF DARIEN COMPANY. cclxxxix 

state, and he is accordingly entered in the sederunt of parliament after the 
noblemen as the first of the officers of state, "the Lord Secretary Johnston." 
In the next or fifth session of parliament, held at Edinburgh on 1st May 
1695, when the Earl of Annandale was named lord president of the 
parliament, 1 " Lord Secretary Johnston " is again ranked as the first of the 
lesser officers of state, and the letters addressed by the king to the parliament 
are countersigned by him. Secretary Dalrymple was not present at either 
of these sessions of parliament. Macky, in his Memoirs of Secret Services, 
says that Secretary Johnston " was a zealous promoter of men of Revolution 
principles, and a faithful servant to the cause. But passing a bill in the 
parliament of Scotland for establishing an African and American Company 
which the parliament of England represented as of ill consequence to their 
trade, he was at once thrown out of all, and what was very strange, the 
Whigs, whose interest it was to support him, joined in the blow. This 
soured him so as never to be reconciled all the king's reign, though much 
esteemed. But now by the queen he is made lord register, the best employ- 
ment in Scotland." 2 

In the second volume of this work three letters are printed from William 
Paterson, who was so prominently connected with the organisation of the 
Darien Company. 3 Annandale, in common with the most of his countrymen, 
was a believer in the Darien Company, and in William Paterson its founder. 
He was a subscriber for £ 1000. 4 He also corresponded with Paterson, whose 
letters contain grateful acknowledgments for his vindicating him and the 
company. Paterson valued highly the friendship of his lordship. In 1708 

1 Acta of the Parliaments of Scotland, the DarienCompanydeserves to be examined." 
vol. ix. p. 347. Its subscribers for large sums include the 

2 Macky's Memoirs, pp. 205, 206. Duke of Hamilton, the Duke of Queensberry, 

3 Pp. 123, 129 : also Appendix. Lord Belhaven, John Stewart of Grandtully, 

4 Darien Papers, 1G95-1700, Bannatyne and the town of Edinburgh, etc., for £3000 
Club, 1844, p. 391. Macaulay says (History, each. Dumfries, from its being the native 
vol. v. p. 211), " The list of the members of place of Paterson, contributed largely. 

VOL. I. 2 O 



CCXC WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

Paterson was a candidate for the representation of the Dumfries burghs in 
the first parliament of Great Britain. He applied to Annandale for his 
assistance in the election, " without which," he says, " I cannot expect 
success therein to my satisfaction." He adds, that Dumfries being the 
place of his birth, he would most of all rejoice at being useful there. 
Paterson was elected representative of these burghs. But the return was 
double, and his opponent was also elected, and upon a reference to the 
House of Commons Paterson was unseated. Much obscurity hung over the 
origin of Paterson, but it has latterly been ascertained that his father was 
a farmer at Skipmyre, in Trailflat, formerly a part of Tinwald, Dumfries- 
shire, and possessed lands of his own at some distance from his farm. 
His son, William, was born there in March or April 1655. 

One of the ships built by the Darien Company was named " Annandale," 
probably from the circumstance that the Earl of Annandale took an interest 
in the passing of the act of parliament incorporating the Darien Company, 
and also, perhaps, from Paterson being a native of Annandale or Dumfries- 
shire. The " Annandale " ship was ill-fated. While in an English harbour 
to obtain English seamen for an Indian voyage, the ship was seized at the 
instance of the East India Company, and condemned for breach of charter 
privileges. About the same time a vessel called the "Worcester" had to 
put into the Firth of Forth for repairs. That vessel was supposed to belong 
to the East India Company, which had seized the "Annandale," but that 
was a mistake, the " Worcester " really belonged to the Million Company, a 
rival to the East India Company. The secretary of the Darien Company 
captured the "Worcester," and Captain Green, her commander, and some of 
his crew, were tried for piracy and murder by the court of admiralty, at Edin- 
burgh, on 5th March 1705. They were found guilty and condemned to death. 1 

Owing t® the serious illness of the Countess of Annandale in London, his 
lordship was unable to attend the parliament which met in autumn 1696. 

1 Burton, vol. i. pp. 375-378. 



LETTER PROM ANNANDALE TO HIS COUNTESS. CCXC1 

The lord commissioner and the parliament excused his non-attendance. 1 
Sir Thomas Livingstone, the commander-in-chief, wrote from Edinburgh, on 
8th September 169G, to Annandale, cordially congratulating his lordship on 
the birth of another " brave young son." 2 This was the third son of the 
earl and countess, and he was named Lord William Johnstone. Corre- 
spondence took place previously, in July 1696, between Annandale and Mr. 
Eobert Pringle, under secretary of state, from which it appears that the 
king was anxious that Annandale should attend the parliament. 3 The 
solicitude of Annandale for the health of his countess was quite remarkable. 
The following letter, written at a later date, from him to the countess, in 
reference to her anxiety as to the health of her mother, Lady Craigiehall, 
illustrates this feature of his character : — ■ 

" Lochwood, the 7th off October [post 1699]. 

" My dearest heart, — . . . I begg off yow doe nott destroy and undoe your 
selfe by your excessive grife for your mothers condition. Consider, itt is Gods 
hand and doing in a good ripe old age ; and wee ought to be thankfull either for 
our selves or our frinds when he allowes soe mannie yeares on thiss side off tyme,and 
submitt patientlie and Christianlie to his call when wee see itt is the will off God. 

" I am sensible she is a worthie good woman as ever wes borne, and have ever 
had a greatt esteem for hir, and I wishe heartillie itt may be Gods good pleasure 
to spare hir mannie yeares, whiche is my sincere prayer ; butt iff itt is otherwayes 
determined, yow owght to submitt Christianlie, and be thankfull for the tyme 
yow have had hir, and lett nott your immoderatte grife either wrong your 
heal the or provocke God. I kno your feavrishe fitts yow speake off proceeds 
from thiss, whiche makes me enlarge upon thiss subject ; and itt may be easier 
for yow that I am nott with yow, for I should nott be sattisfied to see yow 
occasion your oun ruine, and doe that whiche is neither aggreable to God nor 
man ; for consider butt how few enjoy soe mannie yeares as she lies had in thiss 
world alreddie. I hope youl take thiss in good parte since it proceeds onlie from 
my concerne for you, and that what I advise is bothe Christian and aggreable to 
Gods holy word and commands. I am again thy oun most intyrlie." 4 

1 Acts of the Parliaments of Scotland, vol. x. p. 23. 

- Vol. ii. of this work, p. 126. 3 Ibid. pp. 123, 125, 126. 

4 Original letter in Annandale Charter-chest. 



CCXCii WILLIAM, FIRST MARQUIS OF ANNANDALB, 1672-1721. 

In the seventh session of the first parliament of King William, which 
met on the 19th July 1698, and continued till 1st September thereafter, 
Annandale was present and took part in the ordinary business. He was one 
of the lords elected for the committee for the security of the kingdom. 
Along with other peers who had been absent, he subscribed the Association 
on 23d July 1698. Lord Seafield, president of the parliament, in giving Mr 
Carstares an account of the splendid reception he and Lord Marchmont, who 
was commissioner, received at Edinburgh, notes, " Neither the Earl Annan- 
dale, Euglen, Tullibardine, nor any of the Marquis of Tweedel's family out to 
meet us." l In a second letter, he says, " My Lord Annandale has made me 
the first visit ; and the justice clerk has some hopes that he will go along 
with what is proposed for the king, though he will not be a manager. My 
Lord Teviot will also concur." 2 The king desired the same number of forces 
to be kept up. Some opposed this in the committee of security, but it was 
carried, and afterwards passed in parliament. " The Earl of Annandale is a 
proselyte and spoke with a great deal of zeal, as all new converts use to 
do." 3 Even Argyll has a good word to say of Lord Annandale on this 
occasion. " Earl Annandale, who we likewise brought into the committee, at 
the commissioner's desire, has gone franckly on." 4 The parliament also 
addressed the king on one of the troubles of the African Company, in the 
course of which my Lord Annandale " spoke very well " against some of the 
company's demands. 5 The parliament adjourned on the 1st of September. 

For some time Annandale engaged only in the current business of his 
office. Lord Teviot's letters show that certain misunderstandings existed 
between Annandale and Mr. Carstares, and that the latter wished for a 
reconciliation with his lordship, and assures him he had not concealed 

1 Seafield to Carstares, 9th. July 109S, Carstares State Papers, p. 384. 

2 Seafield to Carstares, 1 1th July 1G98, ibid. p. 3S7. 

3 Melvill to Carstares, 23d July 1698, ibid. p. 400. 

4 Argyll to Carstares, 4th August 169S, ibid. p. 411. 

* Seafield to Carstares, 1st August 1698, ibid. pp. 417, 41S. 



MARRIAGE OF HOPETOUN WITH LADY HENRIETTA JOHNSTONE. CCXC111 

his zeal for the king's service in the last parliament from the king, 1 and that 
Lord Seafield had also done his lordship justice. Mr. Carstares after this 
continued on friendly terms with Annandale, and at his request endeavoured 
to secure him better rooms in Holyrood-house. 2 

An auspicious event in the family occupied the earl's attention this year 
of 1699. Hugh Cunningham in a letter to Mr. Carstares thus refers to it: 
" There is a marriage on foot betwixt Hopeton and the Earl of Annandale's 
daughter, which I hope will make a better understanding betwixt them." 3 
The bridegroom was Charles Hope of Hopetoun and the bride Lady Henrietta 
Johnstone, the only surviving daughter of the earl and countess. The mar- 
riage ceremony was celebrated on the 31st of August 1699. Four years 
thereafter, on 5th April 1703, the Laird of Hopetoun was raised to the 
peerage as Earl of Hopetoun, Viscount Aithrie, Lord Hope, etc., with limita- 
tion to him and the heirs-male of his body, whom failing to the heirs-female 
of his body. 

The news of Darien being deserted created a great stir in Scotland in the 
year 1699. A meeting of the general council of the company was held, and 
it was resolved to sign an address to the king. Annandale and others advised 
delay, only to be overruled. The meeting also voted to address the privy 
council. " Here my Lord Annandale said he would then treat that address 
as it deserved. My Lord Tullibardine said these words were not to be 
endured." The treasurer-depute feared they would have thrown the candle- 
sticks at each other, but the altercation ended with a resolution to address 
the council. 4 The Earl of Marchmont was very well satisfied with the part 
which Annandale acted. 5 So was Mr. Carstares. 6 So also was the king, who 

1 '23d January 1G99, vol. ii. of this work, 4 The treasurer-depute to Carstares, 21st 
p. 177. October 1699. Carstares State Papers, pp. 

2 Letter, Loo, 3d July 1G99, ibid. p. 1S5. 

2d March 1G99, Carstares State Papers 
p. 464. c Ibid. p. 189. 



503, 504. 

5 Letter, 23d October 1699, vol. ii. of this 
3 2d March 1699, Carstares State Papers, work, p. 18S. 



CCXC1V WILLIAM, FIRST MARQUIS OF ANN AND ALE, 1672-1721. 

regretted the loss which both the company and the nation had sustained, and 
engaged that his subjects of Scotland should have the same freedom of com- 
merce with the English plantations they ever had formerly. 1 

King William intended to be present in the eighth session of his first 
parliament held at Edinburgh on 21st May 1700, but the state of public 
business prevented him. James, Duke of Queensberry, was appointed com- 
missioner. After a short session, parliament was adjourned, and met again 
on 29th October 1700, which began their ninth session, and continued to sit 
till 1st February 1701. Annandale was present in the parliament at its 
opening on 21st May 1700. He went to court in the following month of 
June. The Duke of Queensberry found it difficult to manage parliament 
alone, and desired that Argyll and Annandale should attend, adding " for it 's 
not possible that I can doe anything alone." 2 

Murray of Philiphaugh, lord justice clerk, states that the commissioner 
had bid him tell Mr. Carstares " that it is indispensably necessary that 
Argyll and Annandale come here quickly, for not only may their presence, 
being men of great quality and sense, add life and vigour to the government, 
but several of the king's servants here are jealous of their being at court." 3 
In a previous letter Queensberry states that he had represented to the king 
the desire of Annandale to be a marquis, but it could not be granted without 
at the same time gratifying others, 4 which could not be done at the time. 
Annandale returned to Edinburgh by 31st July. 5 He wrote to Mr. Carstares 
from Holyrood-house that he had been much occupied with his daughter's 
marriage, the council week, and interviews with the secretaries. 6 Annandale 
points out the great heat and ferment still raised by the African company, 
but he was determined to show vigour and fidelity in the king's service. 

1 Seafield to Annandale, 2d November 4 20th June 1700, ibid. p. 538. 
1699, vol. ii. of this work, p. 189. G Letter of that date, ibid. p. 5S3. 

2 Letter, 20th June 1700, ibid. p. 207. 6 16th September 1700, ibid. p. 649. 4th 

3 19th June 1700, Carstares State Papers, November 1700, ibid. p. 670. (Cf. 21st 
p. 529. November 1700, ibid. p. 675.) 



COMMISSIONER TO THE GENERAL ASSEMBLY, 1701. CCXCV 

Parliament thereafter was chiefly occupied with futile resolutions ou 
" Caledonia," which, as the king pointed out, could not have been made 
effectual without a general war. 

Aunandale, however, had a respite from the wranglings of the parliament, 
being appointed commissioner to the general assembly of the Church of 
Scotland. His commission is dated 7th February 1701. 1 The Eev. "William 
Veitch, minister of Dumfries, in writing to the earl excusing his own 
absence from the assembly, takes the opportunity of giving him advice. 
"Take abundance of patience along with you, and when you speak sugger 
your words well." 2 

In his address to the assembly the commissioner proceeds to state that he 
was warranted in the king's name to give them " full assurances that he is firmlie 
resolved to maintain the presbyterian government off thiss churche as now estab- 
lished." And he reminds the assembly that God had honoured the king to be 
the restorer of this church as well as the nation's deliverer, and hopes they would 
proceed to their business with diligence, calmness, and unanimity. Further, he 
advises them to plant vacant churches, and take such methods as might effectually 
advance piety and godliness, learning, and true knowledge, and suppress vice, 
error, and immorality. His Majesty desired nothing more than the prosperity 
of true religion, and the flourishing of virtue and good order in the church and 
kingdom would be ever his peculiar concern. His lordship concluded with a few 
words about his own insufficiency, and his reliance on the assembly's wise and 
prudent conduct. 3 

The assembly's answer to the king's letter expresses their grateful sense of 
the king's protection, and acknowledges the acceptable character of the com- 
missioner in these words : " The Earle of Annandale whom your Majestie hath 
made choice off to represent your royall person, and to give countenance and pro- 
tection to this assemblie, is, for his fitness and abilities, as also for the good 
offices he hath done this church in the other honorable stations wherein he hath 
been imployed under your Majestie, very acceptable." 4 

1 Original Commission in Annandale 3 Copy speech in Annandale Charter-chest. 
Charter-chest. 4 Copy of Assembly's letter to the king, 

2 17th February 1701, vol. ii. of this work, dated 22d February 1701, in Annandale 
p. 210. Charter- chest. 



CCXCvi WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

In the absence of the secretary, Annandale wrote directly to his Majesty 
that he hoped for a peaceable assembly, notwithstanding the endeavours of 
some to assert the intrinsic power of the church. 1 After the assembly was 
closed Mr. Carstares wrote a cordial letter to Annandale, on the proceed- 
ings, which he says, " I doubt not but will be much to the king's satisfaction." 
His lordship's kindness to the ministers gained their esteem and respect. 2 
The king was so well satisfied with Annandale's services, both in the 
assembly and in his holding of other public offices, that he advanced 
him to the dignity of a marquis by a patent dated at the Court at Kensing- 
ton, 24th June 1701. The patent bears to be granted for Annandale's 
signal and thankful services in sundry eminent offices intrusted to him by 
the king, and creates him Marquis of Annandale, Earl of Hart fell, Viscount 
of Annand, Lord Johnstone of Loehwood, Lochmaben, Moffatdale and 
Evandale. The limitation is to heirs-male whomsoever succeeding to him in 
his lands and estates. 3 Patents to the Duke of Argyll and the Marquis of 
Lothian were signed on the day previous. On the following day Lord 
Carmichael was created Earl of Hyndford. 

Annandale was desirous of visiting the court the following year in the 
month of March. The Duke of Queensberry, in answer to his lordship's 
letter, states that the king's illness had hindered him from bringing the 
request before the king for some days, but he had done so. His Majesty, 
in reply, said he was soon to go beyond sea, and designed to call a 
parliament in Scotland, and was therefore rather thinking of sending down 
his servants than suffering any to come up, as he judged them neces- 

1 Vol. ii. of this work, p. 19. " March 9. he would not hinder them." [Wodrow's 

This day Mr. Archibald Wallace told me that Analecta, vol. i. p. 4.] 

the commissioner told several of the ministers 2 Letter, 15th March 1701, vol. ii. of this 

that were dining with him that his instruc- work, p. 212. 

tions were large enough, and if they would 3 Acts of the Parliaments of Scotland, 

calmly agree about things among themselves vol. xi. p. 9. Minutes of Annandale Peerage 

and make noe debates, heats, etc., in open Evidence (1825), p. 13. For warrant see 

assembly, they might assert wliat they pleased, vol, ii. of this work, p. 100, 



ACCESSION OF QUEEN ANNE, 1702. CCXCvii 

sary at home to prepare people for an easy and peaceable session. " He 
had mighty kinde expressions of your lordship, and does think that yow will 
be verry usefull to him there, in order to this end." 1 King William's good 
opinion of Annandale elevates his character, being a shrewd judge of the 
temper and inclinations of his ministers. It was his Majesty's final opinion 
of Annandale, as the king died on the 8th March 1702, three days after. 

CHAPTER FOURTH. 

Queen Anne's accession, 1702— Annandale made Lord Privy Seal — On commission for 
Union, 1702 — Invested with the order of the Thistle — Appointed Secretary of State and 
Commissioner to the Assembly, 1705 — Resigns the secretaryship, 1705 — His character 
— He opposes the Union— Appointed Commissioner to the General Assembly, 1711 — 
He goes abroad. 

Annandale left Edinburgh for London in the beginning of March 1702, 
and no doubt received accounts of the death of King William on the 8th of 
that month somewhere on his journey. News came to Edinburgh on the 
13th by an express, when the privy council met, and Queen Anne was 
lawfully proclaimed. 2 His lordship arrived in London on the 16th. 3 The 
marchioness followed on the 3d of April, but went to Bath for the benefit 
of her health. Soon after his arrival in London, Annandale received an 
application from Simon, Lord Lovat, to make representations on his behalf 
to the queen ; but it does not appear whether his lordship complied with 
the request or not. 4 

In the change of ministers which took place on Queen Anne's accession 
in March 1702, Annandale was not forgotten. He was made lord privy seal, 
with a yearly pension of £1000 sterling, 6 in place of James, Duke of Queens- 

1 Letter, 5th March 1702, vol. ii. of this 3 Accounts of expenses in Annandale 
work, p. 213. Charter-chest. 

4 19th March 1702; vol. ii. of this work, 

2 Letter, Patrick Johnstone to Annandale, p. 214. 

13th March 1702, vol. ii. of this work, p. 5 Letter of pension, dated St. James's, Gth 

213. May 1702, in Annandale Charter-chest. 

VOL. I. 2 P 



CCXCviii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

berry, who was promoted to be secretary of state. The commission to be keeper 
of the privy seal bears that the queen, having knowledge of his lordship's 
remarkable loyalty and sufficient ability, constituted him during her pleasure 
lord keeper of the privy seal of Scotland, with rank and precedency next 
after the president of the privy council. 1 

Annandale intimated both his appointment and pension at the earliest 
moment to his marchioness. His letter to her is dated 2d May, four days 
before the date of his commission. He informed her that his pension and the 
perquisites of his office made up twelve hundred pounds, and that he hoped 
to be continued at the treasury, but with no monetary advantage. This 
appointment was highly gratifying to Annandale. In a postscript to the 
letter just referred to, he says, " You kno the privie seall is what you have 
always had in veu, and I oune itt is most agreable to me off anie character 
att thiss tyme." He, however, expected still further promotion shortly, in 
which he was not disappointed, as will be afterwards seen, for he says, in the 
same letter to his marchioness, " I am assured thiss is butt ane interim 
bussinesse in order to better, for the chancellor shall nott be continued long 
after thiss session of parliament," 2 

The marquis now returned to Scotland to attend parliament. Before 
doing so he made a short visit to his marchioness at Bath, where he was on 
the 15th of May. He was present at Edinburgh on 9th June at the opening 
meeting of parliament, where he presented his commission and took his seat 
as lord privy seal. The Duke of Queensberry was lord high commissioner. 
After several sederunts parliament was adjourned on the 30th of June, and 
did not meet again till next year. When parliament broke up Annandale 
returned to England, where he was alternately in London and with the 
marchioness at Bath. 

1 Commission, dated at St. James's, 6th May 1702, in Annandale Charter-chest. Acts 
of the Parliaments of Scotland, vol. xi. p. 6. 

2 2d May 1702 ; vol. ii. of this work, p. 215. 



MADE PRESIDENT OF THE PRIVY COUNCIL, 1701 ccxcix 

Before parliament again met, commissioners were appointed by the queen 
to treat for a union between the two kingdoms of England and Scotland. 
Already, on 25th June, an act to enable her Majesty to do this had been 
approved by parliament, and a letter in terms thereof was sent to her. The 
commissioners appointed to represent Scotland were twenty-seven in number, 
and in the order in which their names are given in the commission, the Duke of 
Queensberry and the Marquis of Annandale are first and second respectively. 
The commission under the great seal of Scotland was subscribed by the 
queen at Windsor Castle, 25th August 1702, and that under the great seal of 
England on 26th September following. Meetings of the commissioners for 
the two kingdoms began on 27th October, and were continued till 3d 
February 1703, when the queen adjourned the treaty for a time, expressing 
herself satisfied with the progress that had been made. 1 At the second 
meeting it was arranged to interchange the commissions, which was done by 
Annandale delivering a signed copy of the Scotch commission to the lord 
keeper of England, who delivered a signed copy of the English commission 
to his lordship. Annandale was also chosen one of a committee to facilitate 
the business of the commission. After its adjournment in February the 
commission did not again meet, as on 3d September it was brought to an 
end by a vote of parliament. 

In the meantime, in December, Annandale had been made president of 
the privy council, in room of George, Earl of Melvill. 2 The letters under 
the great seal conveying this appointment refer to his remarkable loyalty, 
most faithful services, and singular endowments, and grant him priority and 
precedence immediately after the principal treasurer. The office of keeper 
of the privy seal was at the same time given to the Earl of Tullibardine. 
With his new office Annandale received a yearly pension of a thousand 

1 Acts o£ the Parliaments of Scotland, cember 1702, in Annandale Charter-chest, 
vol. xi., Appendix, pp. 145-161. Acts of the Parliaments of Scotland, vol. xi. 

s Commission, dated St. James's, 15th De- pp. 33, 34. 



CCC WILLIAM, FIRST MARQUIS OP ANNANDALE, 1672-1721. 

pounds. 1 The first session of the first parliament of Queen Anne began at 
Edinburgh, 6th May 1703, at which Annandale was present, this time as 
president of the council. The Duke of Queensberry was again commissioner. 

One of the acts endeavoured to be passed tins session was an act for the 
security of the kingdom. The draft of it was read in parliament on 28th 
May, and thereafter it was considered, clause by clause, up to and including 
11th August 1703. Annandale, and others with him, entered a protest 
regarding two of the clauses. One of these had reference to the privileges 
of peers, and the other to the succession to the crown. On 14th August the 
act was voted and approved by parliament. The royal assent was, however, 
withheld from it. In consequence of this parliament stopped supplies, and 
the queen adjourned parliament on 16th September 1703. 2 

After the session was over Annandale returned to London, and appears 
not to have been in Scotland till June next year. Before parliament again 
met Annandale was nominated by Queen Anne one of the twelve knights of 
the Thistle. His nomination is dated 7th February 1704. 3 The order with 
which his lordship was now invested had been re-established by the queen so 
recently as 31st December preceding. 

The second session of the first parliament of Queen Anne met at Edin- 
burgh on 6th July 1704, under John, Marquis of Tweeddale, as commissioner. 
Annandale was present as president of the privy council. On 25th July, the 
act of security, which was offered, but not accepted, as a clause to be added 
to the act of supply, was again considered by parliament, and marked as 
read a first time. It was resolved not to proceed further with it until the 
commissioner received instructions regarding it. These were evidently soon 
after obtained, the queen finding it necessary to yield, as on 5th August, the 

1 Letter of pension, dated St. James's, 15th December 1702, in Annandale Charter-chest 

2 Acts of the Parliaments of Scotland, vol. xi. pp. 45, G7, 70, 74, 101, 104, 112. 

3 Inventory of commissions in favour of William, Marquis of Annandale, in Annandale 
Charter-chest. 



MADE SECRETARY OP STATE, 1705. ccci 

act was read a second time. Before voting, Annandale reuewed the protest 
which he made the previous session against the passing of the act, and 
craved his dissent to be marked. The same day the commissioner touched 
the act with the sceptre. 1 The queen was highly satisfied with the conduct 
of Annandale in parliament at this time, assurances of which were conveyed 
to him in a letter from "Windsor dated 27th July 1704, by Sidney, Lord 
Godolphin. 2 

Several changes took place in the ministry next year. Annandale 
desired to be appointed lord chancellor, and negotiations were entered into 
to bring this about. The Duke of Argyll was favourable to it, but the 
appointment was not ultimately made. 3 

Instead of being made chancellor, an appointment which fell to James, 
Earl of Seafield, Annandale was in room of the latter made one of the 
secretaries of state for Scotland, with the usual salary of £1000 sterling 
a year. His commission bears that the queen was abundantly satisfied of 
his probity, and other excellent endowments by which he was fitted for this 
office. 4 He was on the same day appointed commissioner to the general 
assembly, an appointment for which there were several applicants, and one 
which he had been desirous of procuring, as the Earl of Seafield's letter to 
him shows. 5 So early as January of this year, Baillie of Jerviswood writes, 
" 54 (Annandale) is already haling at the assembly, and has spoke to me 
about it." 6 The granting to Annandale of his wish in this appointment 
would so far make up for his disappointment about the chancellorship. 
The marquis wrote to Lord Godolphin expressing his gratitude to the queen 



1 Acts of the Parliaments of Scotland, William, Marquis of Annandale, in Annan- 
vol, xi. pp. 130, 133, 135. dale Charter-chest. Acts of the Parliaments 

2 Vol. ii. of this work, p. 217. of Scotland, vol. xi. p. 210. 

3 The Earl of Roxburgh to George Baillie 5 Vol. ii. of this work, p. 220. 

of Jerviswood, 27th February 1704-5. Jervis- ° To James Johnstone, formerly secretary, 

wood Correspondence, pp. 49, 50. 16th January 1705. [Jerviswood Correspon- 

4 Inventory of commissions in favour of dence, p. 39.] 



cccii WILLIAM, FIRST MARQUIS OP ANNANDALE, 1672-1721. 

for her commissions, and promising to make all the suitable returns to her 
of which he was capable. 1 The two commissions now received by the 
marquis are dated at St. James's, 9th March 1705. The instructions of the 
queen to Annandale as commissioner are not forthcoming, but in his letter 
to his lordship as to the management of the assembly, the Earl of Seafield 
states that they are " verbatim what your lordship had when you were last 
commissioner." 2 His additional instructions allow of his approving of 
synod or presbytery books, even though they asserted the intrinsic power 
of the church, providing nothing was publicly declared in the assembly 
touching the same, or that was derogatory to the royal prerogative. 3 In her 
letter to the assembly, intimating the appointment of Annandale as her 
commissioner, the queen doubted not they would promote piety and religion. 
She recommended the planting of vacant churches with pious and learned 
ministers, especially in the Highlands and Islands, and suggested it as worthy 
of their serious consideration that they distribute the libraries " so piously 
mortified for the churches in those parts," the transporting of which would 
be paid out of the treasury. 4 Mr. Carstares was chosen moderator of the 
assembly. At the close of the assembly on the 26th of April, Annandale 
wrote a letter to the queen informing her that the assembly had proceeded 
with great unanimity, and the greatest deference and duty to her Majesty's 
authority and government. 5 

As showing the confidence the queen placed in Annandale at this time, 
she informed him that she depended very much on his fidelity and capacity 
in giving his counsel and assistance to the Duke of Argyll, her commissioner 
in the next parliament, " whose youth and warmth," she says, " may possibly 
have need of your lordship's temper and prudence." 6 Annandale, in reply, 

1 Vol. ii of this work, p. 221. 4 St. James's, 9tb March 1705, vol. ii. of 

2 TL-J nan m , • ^ this WOrk, DD. 21, 22. 

2 Ibid. p. 220. These instructions are . _., ' „' , 

• 4- A -J. -5 ,o ,n Ibld - PP' —3, 224. 

printed tbid. pp. IS, 19. „ „ , /f. t ' , r .„,.,,, 

' 6 Godolphin to the Marquis, 31st March 

3 Ibid. p. 22. 1705; ibid. p. 222. 



THE QUEEN S SATISFACTION WITH ANNANDALE. CCciii 

engaged to prosecute the queen's interest impartially. 1 Before the meeting 
of parliament, as secretary, he was in correspondence with Lord Godolphin 
about the instructions to be given to the lord high commissioner. 2 On 9th 
May, he complains that the commissioner is so much in the hands of those 
who were for measures other than those of the queen, and asks that the 
consequences should not be imputed to him, and that where he differs the 
queen would allow him a fair hearing. A week later, on 16th May, he says 
he will be as useful to the commissioner as he can. On 2d June, the queen 
intimates to him that she has no doubt of his concurrence and best assistance. 
Annandale, it will be seen, warmly espoused the queen's measures, which 
were the settlement of the Protestant succession, a treaty of union with 
England, and the granting of supplies. " I doe assure you," observes Sir 
David Nairne, who was under secretary of state for Scotland, in a letter to 
Annandale, " if I should tell your lordship what he (Godolphin) said of your- 
selfe, it wold look like flatery ; but, in short, he said he founde you differed 
from the queen's servants in the grand point, but that you had wrote better 
reason on the subject than any body els hes done." 3 Lord Godolphin laid 
two letters of Annandale before the queen, dated respectively 1st and 9th 
June, and referring, in his letter to the marquis, to the differences of opinion 
which prevailed between him and the commissioner and others of the 
queen's ministers, he assures him that her Majesty was very far from being 
dissatisfied with his lordship for his difference of opinion from some others 
of her Majesty's servants. She had resolved in view of these differences to 
recommend to the parliament both the settling of the Protestant succession 
and a treaty for a uniou. 4 

Parliament met at Edinburgh on 28th June 1705, John, Duke of Argyll, 
was lord high commissioner. Annandale was present as secretary of state. 

1 The Marquis to Godolphin ; vol. ii. of this work, pp. 224, 225. 

2 Ibid. pp. 225-229. 

3 Sir David Nairne to the Marquis, 16th June 1705, ibid. p. 230. 

4 Godolphin to the Marquis, 18th June 1705, ibid. p. 231. 



CCC1V WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

On 3d July, the queen's letter to parliament being read and speeches 
made by the commissioner and the lord chancellor, Annandale moved that 
these should be printed, which was agreed to by the house. 1 At the next 
sederunt, on 6th July, he proposed that the parliament should consider 
such limitations and conditions of government as should be judged proper 
for the next successor in the Protestant line; and at the same time 
name a committee to consider the condition of the coin and state of trade 
as to export and import. The house, however, decided to proceed first on 
coin and trade by way of overture. 2 On 17th July, the Duke of Hamilton 
carried a resolution not to proceed to the nomination of a successor till there 
was a previous treaty with England in relation to commerce and other 
affairs, and to proceed to limitations of government before proceeding to the 
said nomination. Commenting on this, Annandale observes, "Yesterday 
the Duke of Hamilton, Duke of Atholl, and all there frinds unitted there 
fullest force to oppose and defeatt the treatie whiche wes proposed by the 
queen's servantts." After a warm debate it came to the vote, proceed to a 
treaty with England or to limitations and regulations of the constitution, 
when the last was carried by three votes. Annandale used his best endeavours 
to advance the treaty since the parliament had concluded by a resolution not 
to name the successor without a previous treaty, and commented on the dis- 
ingenuity of the other party. The Duke of Hamilton took this to himself 
and thought it was too hard upon him. 3 After this, Annandale came 
into collision with the commissioner on the question of the appointment 
of clerk to the council. The duke wished to give it to Mr. Alexander 
Arbuthnott, who, according to Annandale, was a Jacobite, and his lordship 
told the Duke of Queensberry that he would not bear such an invasion and 
encroachment upon the office, because he held that the appointment belonged 
to the secretary's office. On 21st September, at their concluding sederunt, 

1 Acts of the Parliaments of Scotland, vol. xi. p. 214. 2 Ibid. p. 215. 

s Letter, 18th July 1705, vol. ii. of this work, p. 232. 



MADE PRESIDENT OF THE PRIVY COUNCIL, 1705. CCCV 

parliament passed the important act for a treaty of union with England 

which had occupied them throughout the session, and adjourned the same 

day. The passing of this act was a triumph for Argyll. One of the first 

effects of it was that Annandale, whose differences with the commissioner 

lasted, as has been seen, throughout the session, was removed from the office 

of secretary. The Earl of Mar, whose commission is dated 29th September 

1705, was appointed in his stead. Annandale was promoted to be president 

of the privy council. Sir David Nairne, in intimating these changes to the 

marquis, says : 

" I presumed to aske her Majesty, at signeing the commissions, if she had any 
dislike of your service in the station of secretarie. She was pleased to say very 
kindly that she had not, but that she feared the misunderstanding between the 
commissioner and your lordship might obstruct business and occasion divisions 
amongst her servants. . . . For my oun pairt, I am quite disapointed." x Baillie 
of Jerviswood, confirming this, says : " What did Annandale's business was the 
letters he wrote to the treasurer, whereof Argile had copies sent him, which it 
seems were not favourable to the measures he was upon." He adds that Argyll 
and Queensberry denied, with oaths, to the last minute to Annandale that he was 
to lose his post. 2 Annandale set off at once for court. He wished that Baillie 
could have accompanied him. Writing to him, he says he would cheerfully have 
given him a place in his chariot. He doubted not that it would be " to verrie 
good purpose to all our friends when wee are both there." He says further : " I 
am as much my own master now, and att my own disposall as you are, whiche I 
assure [you] is nott a little agreeable to me, considering the sett I was yoaked 
with, and the measures they were prosecutting." 3 In his reply, Baillie wished 
him success in his designs, but could not accompany him to London. 4 In his 
next letter to Baillie, dated 25th October 1705, Annandale says: "I have seen 
the queen last night, and given up fairlie, soe that they have a faire field and 
nobodie to oppose them." That Annandale was considered an important factor 
in the political situation is evident from the pains taken by Queensberry to 
persuade Annandale's friends that he had no hand in turning him out of office. 

1 29th September 1705, vol. ii. of this work, p. 236. 

2 Baillie to Earl of Roxburgh, 22d October 1705, Jerviswood Correspondence, p. 132. 

3 Holyroodhouse, 0th October 1705, ibid. p. 128. 

4 Mellerstaines, 11th October 1705, ibid. p. 129. 

VOL. I. 2 Q 



CCCV1 WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

Seafield again, according to Baillie, was so afraid of Queensberry and Annan- 
dale making it up, that he sent messages to the Marchioness of Annandale 
" declareing his innocence" in that matter; that it was Queensberry chiefly 
who did it ; that without him it could not have been done. 1 From these various 
and somewhat contradictory accounts, Annandale appears to have resigned office, 
and not to have been dismissed. Lockhart, in his usual way, furnishes a travesty 
of the transaction, asserting that Annandale was displaced, because it was thought 
he held a private correspondence with the squadron, being more inclined to favour 
the succession without than with an union, and would not implicitly follow the 
dictates of Queensberry and his partisans. Lockhart also, at the same time, gives 
Annandale's character, which is an amusing libel. He says : " He was a man 
framed and cut out for business, extremely capable and assiduous," of a proud 
aspiring temper, haughty in success, the most complaisant man alive when affairs 
were low ; he had gone backwards and forwards so often that no man trusted 
him ; " even those of the Eevolution party only employ'd him as the Indians 
worship the devil, out of fear," and " honest men," though they welcomed so 
capable a person to serve them, yet were secretly glad to see him humbled. His 
being turned out of the secretary's office was the cause that induced him to oppose 
the union, " so upon that account he was much caressed, but little trusted, by the 
cavaliers." 2 

A better character of Annandale is drawn about this time by Macky, who 
was the author of so many memoirs of official men. He says : 

" He was often out and in the ministry during King William's reign, is 
extremely carried away by his private interest, hath good sense, and a manly 
expression, but not much to be trusted ; makes as fine a figure in the parlia- 
ment house as he does in his person, being tall, lusty, and well shaped, with a very 
black complexion. He is near 50 years old." 3 

During his stay in London, Annandale went to court about once a fort- 
night. But he refused to give his concurrence and assistance as president of 
the council to those whom he considered had ill-treated both him and the 
queen's interest, unless he had as good a share in the government, and upon 

1 Baillie to Roxburgh, 3d January 1706, Jerviswood Correspondence, p. 145. 

2 The Lockhart Papers, vol. i. pp. 137, 138. 

3 Memoirs of the Secret Service of John Macky, Esq. 



DECLINES THE OFFICE OF PRESIDENT, 1706. cccvil 

as honourable terms as formerly. Annanclale's stay in England was longer 
than he had intended. His purpose was to return to Scotland in the 
beginning of December, but the lameness of a leg prevented him. 1 

In the beginning of 1706 there appeared to be some prospect that Annan- 
dale would return to power. His name was much spoken of by the different 
political parties in connection with various public offices. A great deal of 
gossip passed upon the subject, and the Whigs set him up as their chief man. 
Offers were made to him on behalf of the queen to continue president of the 
privy council. This, however, did not meet the wishes of his lordship, who 
declined the offers. It was found difficult to procure another post to him. 
In a letter to Mr. Carstares, the Earl of Seafield says Lords Marlborough and 
Godolphin both asked him to continue in office, and Lord Loudoun, secretary, 
was sent to him by the queen, desiring him, as his lordship adds : 

" To let him know that she was willing to employ him in that station if he 
pleased, but he still refused, and the secretaries and I were unwilling to oblige 
him so far as give him any of our posts, but we were very willing to have served 
in conjunction with him. He is gone to the Bath, and lies this night at Mr. 
Johnston's house at Twittenham, where it is like new game may be projected. 
The Marquis of Montrose is made president of the council, and I hope will be 
found very useful to her Majesty in that station." 2 

Annandale remained at Bath till the month of May. Charles, fourth 
Earl of Traquair, in writing to Lady Mary Maxwell, his countess, observes, 
" Ther is a great crowd of company here already. My Lord Annandale makes 
the greatest figuir of any." 3 Annandale and his marchioness, who had been 
residing at Lochwood, were both at Craigiehall, near Queensferry, by the 
beginning of September, when Baillie, in a letter to the marquis, congratulates 
him upon his safe arrival. Writing on 13th September from that place 

1 Annandale to Leveu, 20tli December 9th March 1700, Carstares State Papers, 
1705, vol. ii. of this work, p. 236. Annan- p. 745. 

dale to Baillie, 15th January 1706, Jervis- 

wood Correspondence, p. 147. 3 Letter, 4th May 1706, The Book of 

2 The Earl of Seafield to Mr. Carstares, Carlaverock, vol. ii. p. 168. 



CCCviii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

to Baillie, Annaudale says, " I Lave been heare ever since I came home, 
and designe to continue heare till the parliament meett." 1 

The last session of the parliament of Scotland, commonly called the 
Union parliament, was begun at Edinburgh on 3d October 1706, with 
Queensberry as commissioner. Aunandale was present on the opening day. 
During the session he attended and voted steadily with the Dukes of Hamil- 
ton and Atholl, and others, in opposition to the union. On 4th November, 
in the debate upon the first article of the treaty, when the vote was about to 
be taken, he offered two alternative resolutions against an incorporating 
union with England, which he said would be subversive of the fundamental 
constitution and claim of right of the kingdom, would threaten ruin to the 
church as by law established, and would create distractions and animosities 
among themselves and jealousies between them and their neighbours. His 
resolutions were to the effect that they enter into such a union with England 
as would unite them in their respective interests of succession, wars, 
alliances and trade, reserving to each their sovereignty, independence, 
immunities, constitution and form of government both of church and state as 
then established. His lordship did not press the resolutions upon the house, 
knowing that they were not acceptable to it. 

The first article of the union was approved by parliament. Annaudale 
recorded his vote against it, and adhered to a protest made by the Duke of 
Atholl. 2 He voted with the government in favour of the second article of 
the treaty of union, which made the succession to the crown of Scotland the 
same as in England. 3 But he gave his vote against the third article, which 
placed England and Scotland under one parliament. He also protested and 
took instruments thereupon, upon the same ground as in his previous protest. 
The Dukes of Hamilton and Atholl, and the Earl of Errol, and many others, 

1 Jerviswood Correspondence, pp. 157, 158. 

2 Acts of the Parliaments of Scotland, vol. xi. pp. 312-315. The Lockhart Papers, 
vol. i. pp. 182, 183. J Acts of the Parliaments of Scotland, vol. xi. p. 326. 



THE TREATY OF UNION RATIFIED BY PARLIAMENT, 1707. cccix 

adhered to Annandale's protest. The third article of the treaty was 
approved of by parliament. 1 In the case of the remaining articles of union, 
Annandale for the most part voted against them. Indeed, in other matters 
which came before this parliament, unless in a very few instances, his 
lordship voted with the opposition. 

The treaty of union was ratified by parliament, and touched with the 
sceptre on 16th January 1707. Lockhart tells a story about a project of the 
Duke of Hamilton that Annandale should renew his motion to settle the 
succession of the crown on the house of Hanover, and upon its rejection that 
a protest be made against the union, and thereafter that the protestors should 
leave the house in a body. The protest, Lockhart says, was actually put into 
the duke's hands by Annandale. After surmounting a difficulty that arose 
about any acknowledgment of the succession of the house of Hanover, which 
the Duke of Hamilton insisted upon, it was agreed to present the protest, 
and great numbers of eminent citizens flocked about the parliament house ; 
but the duke was suddenly seized with a violent toothache, and though he 
was dragged to the parliament house by his friends, he refused to deliver the 
protest, and inquired who the concert had agreed on to do so. Lockhart 
insinuates this was done in consequence of a visit of the commissioner the 
night before, who told him if the treaty was let fall, England would lay the 
blame upon him, and he would suffer for it. 

Though Annandale opposed the union when in parliament, he resolved to 
do his best to render it beneficial to the country after it had actually become 
law. He was not chosen one of the sixteen representatives of the Scottisli 
peerage by the parliament in 1707. The election to the parliament of Great 
Britain which took place at Holyrood on 17th June 1708, gave him an 
opportunity of becoming a candidate. He was present in Holyrood, and 
offered a protest against receiving the Earl of Aberdeen's list, because the 

1 Acts of the Parliaments of Scotland, vol. xi. pp. 328-330. The Lockhart Papers, vol. i. 
pp. 189, 190. 



CCCX WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

earl, having taken the oaths within the castle of Edinburgh, was not legally 
qualified to give a vote. The votes obtained by Annandale were forty- six in 
number, and he was omitted by the clerks in their return of the sixteen 
peers. 1 Charles, Earl of Sunderland, congratulated his lordship on Lord John- 
stone's return, and hoped, by means of the protests, to bring the marquis also 
into the house. In response to the earl's letter, Annandale writes that " no 
man living will make itt more his business to make thiss present union and 
settlement happie to this nation then I shall doe," now that the kingdoms 
were united. He had a great struggle, and had defeated his Grace of Dover 
[Queensberry], for his son was put in for the county of Dumfries, and a 
friend for whom he could answer for the district of burghs. 2 In another 
letter, written about the same time, he reverts to the extraordinary pains 
taken by the Duke of Queensberry and his " shamm " ministry to exclude 
him in particular, and to declare on all occasions that any of the peers was 
more agreeable to them than he could be, and also to their using of the queen's 
name to advance their own interest. Annandale adds in this letter that he 
expected to be in London by the end of August. 3 About this time he wrote 
a lengthy letter, partly in defence of his own conduct, and partly in depreca- 
tion of the conduct of the ministry, which he addressed to the queen. 4 

Many protests having been taken and objections raised to the validity of 
certain votes given at the election of representative peers already referred 
to, Annandale and three other peers concluded that upon a more accurate 
scrutiny they would be found validly elected. Preparatory to an appeal to 
the house of lords extracts of the official proceedings at the election were 
indispensable. But to obtain these formed an arduous task. Writing to the 
Duke of Newcastle, Annandale says, " I am nott indeed retturned as one of 
the sixteen peers, butt I think I am more duelie chosen then severalls who 

1 Robertson's Peerage Proceedings, p. 36. 

2 Letter, July 1 70S, vol. ii. of this work, pp. 238, 239. 

3 July 170S, ibid, p. 241. * Ibid. pp. 242, 243. 



ELECTED A REPRESENTATIVE PEER, 1708. CCCxi 

are retturned, for we have protestations and objections against ten or twelve 
of there proxies and voters, that wee think heare are absolutely weel founded 
in law, and hope will be sustained in the house of peers. I shall presume to 
give your Grace the truble of sending you a scheme off the whole election, 
and off all the protestations and objections and the grounds, soe soon as they 
can be gott reddie." A notarial instrument drawn up by Mr. James Baillie, 
W.S. and notary, narrates the various efforts made by the four peers to obtain 
from Sir James Dalrymple and Mr. John M'Kenzie, clerks of session, deputed 
to officiate at the election of the sixteen peers of Scotland to sit in the 
ensuing parliament of Great Britain, the extracts, lists and proxies, etc. 
After several delays, and protests given both by the four lords and the two 
clerks of session, the latter intimated to the former that the extracts " cannot 
warrantably be given by us." 1 

In pursuance of their claim, Annandale, along with the Earls of Sutherland 
and Marchmont and Lord Eoss, presented a petition to the house of lords, 
claiming that they were elected to be representative peers of Scotland by a 
greater number of legal votes than the Marquis of Lothian and the Earls of 
Wemyss, Loudoun and Glasgow, and pointing out that the clerks, and sub- 
sequently the lord clerk register, had refused them extracts of the minutes 
of the proceedings, etc. The petition was signed by Lords Annandale and 
Boss. 2 On the reading of the petition the lords ordered the clerks appointed 
by the lord clerk register to attend the house on 16th December with all 
papers relating to the election. The Earls of Sutherland and Marchmont 
subsequently gave in petitions in similar terms. After a scrutiny, and 
a recalculation of votes, the deputy of the clerk of the crown amended the 
return of the sixteen peers from Scotland by erasing the name of the Marquis 
of Lothian and inserting that of the Marquis of Annandale in its place. 
Annandale was thus successful in claiming his election, and became one of 

1 Original Notary's Instrument in Annandale Charter-chest. 

2 18th November 170S, Robertson's Peerage Proceedings, pp. 38-40. 



CCCxii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

the representative peers in the first parliament of Great Britain. He was 
again returned at the general election of 1710. 

In the year 17 11, his lordship, for the third time, represented her Majesty 
as commissioner to the General Assembly of the Church of Scotland. In his 
commission the queen states that Annandale's fidelity and sufficiency were 
abundantly known to her by many testimonies, and that he was in every way 
qualified and fit to rightly exercise and undertake the high duties of this 
office. Upon receiving his appointment, Annandale embraced the opportunity 
of writing to the queen directly, defending the presbyterians against some 
misrepresentations that had been made against them, and suggesting that her 
Majesty should fortify his authority as commissioner by some mark of her 
royal favour such as might encourage her friends there. 1 

The commissioner's instructions were similar to those given Mm by King 
William in 1701. His private instructions were the same as those given 
him by her Majesty iii 1705, allowing the approving of synod and presbytery 
books though they contained acts asserting the intrinsic power of the church, 
with this addition, that he was to endeavour to recover to the crown the 
appointment of fasts and thanksgivings. 2 His commission and instructions 
were all dated at St. James's, 20th April 1711. The Eev. William Carstares 
was again chosen moderator of the assembly. Letters were written by Mr. 
Harley, secretary of state, and Charles, Duke of Shrewsbury, to Annandale, 
upon the harmonious proceedings in the assembly. Queensberry wrote 
direct to the moderator, expressing his pleasure at the assembly's letter to the 
queen, and the care they had taken that the Princess Sophia should be 
prayed for by all the ministers and in all the congregations. The commis- 
sioner wrote both to the queen and to Mr. Harley, secretary of state, 
regarding the proceedings and conclusion of the assembly, eulogising the 
good temper and loyalty the members had displayed in all their proceedings. 
Mr. Harley, now created Earl of Oxford, offered his congratulations to 

1 April 1711, vol. ii. of this work, p. 244. 2 Ibid. pp. 22, 23. 



MAKES A TOUR ON THE CONTINENT, 1712. cccxiii 

Annandale on his conduct in the assembly. 1 A few months afterwards, the 
Earl of Oxford proffered to Annandale the position of chamberlain and chief 
commissioner on trade. But the offer was declined on the ground that he 
knew nothing of the business of these offices, and that he would never 
engage in any part of the queen's service in which he was so little capable to 
serve her. He said he had been summarily turned out of office the year 
before the union, and so ill used by the late ministry that he had to refuse 
the post of president of council, and he could not be useful to the queen 
unless he were in some settled and fixed post in her service. 2 

If reports current at the time are to be trusted, Annandale was again, in 
1712, offered the office of commissioner to the assembly. But he declined it, 
at the same time using the freedom to tell the queen when she spoke to him 
upon it that he would willingly serve her in that capacity, but when he last 
did so, he had so assured the ministers of absolute security to their constitu- 
tion that he was ashamed to look them again in the face, considering the 
encroachments which had since fallen out upon them. 3 The patronage bill 
which had just passed in parliament is no doubt the principal encroachment 
which Annandale has here in view. It was now found difficult to get any 
one to accept of the office. The Duke of Atholl, and the Earls of Eglinton 
and Dunmore, were successively offered it, and refused it. The Duke of 
Atholl was, however, ultimately appointed. 

As no suitable post could be obtained for Annandale, his lordship 
determined to make a tour on the Continent. For this purpose, he received 
a pass from Arnold Juste, Comte d' Albemarle, Vicomte Bury, etc., governor 
of Tournay, with an order for an escort to protect him against robbers in his 
journey to Aix-la-Chapelle. 4 

From a letter of his marchioness, written in July of this year, it appears 

1 24th June 1711, vol. ii. of this work, 3 Wodrow's Analecta, vol. ii. p. 35. 

p. 250. 4 Original Pass, dated Camp d'Auchin, 2Gth 

2 Letter, November 1711, ibid. p. 252. May 1712, in Annandale Charter-chest. 
VOL. I. 2 K 



CCCXlV WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

that Annandale stayed at Spa for some time, whence he meant to go to 
Hanover, and from thence to Germany and Italy. When she wrote the 
letter she had heard from Mr. Baillie that her husband was to be appointed 
lord clerk register. But in the communication she had received from the 
Spa there was not a word of such an offer from the court. This, she says, 

" I cannot reconcile with the treaty you know has been on foot this great 
while, much less with the last accounts we had of Argyle's pleading the queen's 
promise to make him register before he went to Spain, and the treasurer and 
Kinoul's yielding to it, and that I find every body writes of it as a thing done." 1 

Annandale did not get the appointment in question. The Earl of Glasgow, 
who was then lord clerk register, continued to hold the office till the accession 
of George the First in 1714. Annandale received favourable consideration 
from the Electress Sophia, who wrote recommendatory letters for him to the 
courts of Berlin and Wolfenbiittel. With his reception at these courts he was 
well pleased. He also proceeded to Vienna, to which place the letter of the 
electress was directed. 2 The marquis prolonged his stay in Italy and other 
parts of the Continent for about two years. He was at Borne in May 1713 ; 
and at Florence in July of the same year. His wife, writing in May of 
the next year, 1714, observes she did not expect his return so soon as some 
of his friends did. It had been reported that the family, who were with him 
the previous winter, were returned alone, and she says, " you may gess by 
that if his return be soon from Lyons, and seemed positive to go to Geneva," 
and she requests all his friends to try to bring him over. 3 The marchioness 
at this time resided sometimes at Moffat and sometimes at Craigiehall, and 
was ordered by the physicians to spend the winter of 1713-14 at Bath. 
Annandale did not long remain abroad after this. As previously pointed 
out, he intended to visit Hanover. With that in view, in the summer of 

1 Annandale Peerage Minutes of Evidence, 1S76, p. 210. 

2 Letter of Electress, 19th November 1712, vol. ii. of this work, p. 24. 

3 Letter, Moffat, 17th May 1714, Annandale Peerage Minutes of Evidence, 1876, p. 213. 



MADE LORD KEEPER OF THE PRIVY SEAI , 1714. CCC.w 

1714, lie sent a letter with Mr. Shellcross to Mr. Kobethon, informing him of 
his projected visit. Mr. Robethon,- in replying to his lordship's letter on 3d 
August 1714, advised him against making the visit then, as the court was 
much changed since the decease of the Electress Sophia, and meant to go to 
Gohre at the end of September, where no strangers were admitted, and, in 
the absence of the court, Hanover was the dullest place in the world. Both 
tbe prince and elector were, he said, exceedingly obliged for the zeal which 
the marquis manifested for their interests. 1 

Annandale now returned home by way of Paris, where he remained during 
August and September 1714. Lady Lucie Stuart, in letters written from 
Paris, to her mother, Mary, Countess of Traquair, mentions visits paid to her 
and her sister by the Marquis of Annandale, the Earl of Carnwath, and others. 2 
On the 21st of December the marquis, in very good health, set out from 
London on his return to Scotland, where he shortly after arrived in safety. 3 

CHAPTER FIFTH. 

Made Lord Privy Seal, 1714 — Rebellion of 1715 — Rising at Dumfries — Meeting with Simon, 
Lord Lovat — Escapes from the Jacobites — Defends the burgh — Correspondence with 
Brigadier-General Stanwix — King George well satisfied with his conduct — Death of 
the Marchioness Sophia — Marriage with Charlotta Vanden Bempde -The Marquis's 
death and burial, 1721. 

Queen Anne died on 1st August 1714, and was succeeded by King George 
the First, to whose interest Annandale cordially and unhesitatingly adhered. 
The loyalty which Annandale showed to the new monarch on his succession 
was highly appreciated by his Majesty, who immediately, on 24th September, 
appointed him lord keeper of the privy seal, and Annandale a few days later 
took the oaths and his seat as a privy councillor. He thereafter concurred 
with thirty-two other Scottish peers in a representation made to King George 

1 Hanover, 3d August 1714, vol. ii. of this work, p. 253. 

2 The Book of Carlaverock, vol. ii. pp. 1S5, 192. 

3 Letter, Archibald Johnstone, London, to the Marchioness, dated 23d December 1714, 
iu Annandale Charter-chest. 



cccxvi WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

complaining that they were deprived of the hereditary share of the legislature 
which they had formerly enjoyed, by being declared incapable of patents of 
honour, with right to sit and vote in parliament. On 3d March 1715, 
Annandale was elected one of the sixteen representative peers of Scotland. 

King George was scarcely a year upon the throne when the Jacobite rising 
of 1715 took place. Prompt steps were taken by the government to quell the 
insurrection. One of these was the appointment of lord-lieutenants of the 
shires of Scotland. Annandale, who exerted himself zealously against the 
rebellion, was appointed lord-lieutenant and commander-in-chief over the 
shires of Dumfries, Kirkcudbright, and Peebles. His commission, which is 
under the union seal, and is dated at St. James's, on 19th August 1715, grants 
to him the usual powers. 1 The Jacobite standard was formally raised in the 
beginning of September. An important part of their plaus was to surprise 
Annandale, seize his person, and then take the town of Dumfries. In none 
of these designs did they succeed. While Annandale was on his way to 
Dumfries he was surprised by a party of the rebels numbering two hundred 
well-mounted horse, commanded by the Earls of Nithsdale, Winton, and 
Caruwath, the Viscount of Kenmure, and other noblemen and gentlemen, who, 
as Annandale expresses it, were " providentially prevented " in their attempt 
to capture him. Provost Corbett of Dumfries, having intimation from the 
lord justice-clerk of the intentions of the rebels with regard to that town, 
took all necessary steps for its defence. On 12th October, he sent Bailie 
Corrie, who was accompanied by Mr. Fraser, brother to Lord Lovat, to Annan- 
dale to acquaint him with the news he had received. 

Major Fraser, one of Lovat's attendants, who seems to be the person men- 
tioned by Provost Corbett as accompanying Bailie Corrie, in going to meet the 
lord-lieutenant, found him on the way hard pressed by Kenmure. On return- 
ing to Dumfries and relating the hazardous position of the lord-lieutenant, a 
party was sent, who escorted him to the town, where he had a courteous and 

1 Original corninissiou in Aunandale Charter-chest. 



ANNANDALE TAKES MEASURES TO DEFEND DUMFRIES, 1715. CCCXV'ii 

partly convivial meeting with Lord Lovat. The insurgents, however, being 
defeated in their first object, and now desiring to obtain possession of Dum- 
fries, came close to the town, and created no small alarm. Major Fraser 
describes what took place. He says : — 

" No sooner the cloth was laid on the table, a cry came to the door that the 
enemy was entering the town — namely, Kenmure and his party. My Lord Lovat 
left dinner, and came up with the Marquis of Annandale, who stood with his 
whole party upon a rising ground at the end of the town. The marquis told 
the Lord Lovat that he was very glad of his coming, seeing he had more skill 
to model his horse and foot, having been in the army. Lord Lovat and the major 
were putting them in the best order they could. Countrymen were coming in 
from all parts, telling the enemy was coming in this way and that way. The 
marquis ordered so many men, with axes, to hew down a good many trees by way 
of barricade. In end they were wearied standing there, and no enemy appearing." 1 

On 13th October the rebels, with increased numbers, again approached 
Dumfries and came within a mile of it. But by this time the people of the 
adjacent parishes and the well-affected gentlemen of Galloway were come in 
considerable numbers to the defence of the place, although they were lacking 
in arms, ammunition, and officers. These, with the inhabitants of Dumfries, 
finding the Jacobites afraid to attack them, insisted on making an attack on 
their headquarters at Lochmaben. This the lord-lieutenant deprecated, and, 
calling a meeting of the clergy, then assembled in synod, he delivered an 
address to them and to the people, praising the zeal that had brought them 
together, but pointing out that they were yet without officers and discipline. 
He added, that in the contest the first success or failure told upon the spirits 
of the party greatly beyond its real value ; that their enemy, engaged in a 
desperate cause and better horsed and armed than themselves, should not be 
despised ; they might yet get possession of Dumfries, become masters of the 
south of Scotland, and obtain a formidable impulse to their bad cause. These 
sentiments were subsequently addressed to the troops, and received with huzzas. 

1 Major Fraser's narrative, quoted in Burton's History of Scotland, vol. ii. p. 154. 



CCCXVlii WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 

Annandale corresponded with different parts of the country at this junc- 
ture, and some of the almost daily letters which he received and despatched 
during the greater part of October and first week of November are printed in 
this work. The correspondence includes letters from General Stanwix, 
Viscount Lonsdale, the Viscount of Townshend, and others, which show the 
movements and designs of the two opposing forces in the country. 1 They 
relate among other things, that the rebels had a design upon Newcastle, 
which, being an open town and much exposed, and also not well affected to 
the government, was thought to be a favourable place to attack. But tbey 
were disappointed, as the place was well defended both by foot-soldiers and 
dragoons. Carlisle again was fortified, and it also had a strong garrison. 
Viscount Lonsdale, who commanded there, promised Annandale, in case he 
was attacked, to join him with four or five hundred men armed with such 
weapons as the country people could get. General Stanwix also promised 
him what assistance he could for the public safety. Holy Island, where there 
were stores of arms and ammunition, was captured by a ship sailing from 
France, but it was immediately recaptured by a force from Berwick. 

Annandale left Dumfries and went to Edinburgh on 20th October, leaving 
the deputy-lieutenants in charge in his absence. 2 . 

The Viscount of Stormont wrote to Annandale offering to surrender to 
him. His letter is dated 20th October, and overtook Annandale on his way 
to Edinburgh. The latter replied that if he had known anything of his 
design he would have stayed at Dumfries. But if Stormont surrendered to 
him or his deputies he would use his interest to recommend his early sub- 
mission to his Majesty. 3 The Viscount did surrender himself, and was 
detained by Annandale. 

Dumfries was again threatened by the rebels. This was in the beginning 

1 Vol. ii. of this work, pp. 254-263. 

2 Annandale to Stanwix, 19tb October 1715, ibid. p. 261. 

3 Letters, 20 th October, ibid. p. 264. 



KING GEORGE SATISFIED WITH ANNANDALE, 1715. CCCX1X 

of November ; and an account of what happened is given in the volume of 
correspondence. The rebels, finding that the force at Dumfries would stand 
their ground, did not make the threatened attack ; 1 and the defeat of the 
Jacobite army at Preston, on 12th November 1715, rendered all other 
measures of defence on the side of the Borders unnecessary. Annandale 
received a letter of thanks from the Viscount of Townshend, then secretary 
of state, who informed him that he had laid a letter of Annandale's of 
the 3d before the king, who was very well satisfied with tbe particular 
account his lordship gave of the state of his part of the country, and the zeal 
his lordship expressed for his Majesty's service, and stated that Lis Majesty 
approved very much of his lordship making the Viscount of Stormont 
prisoner. With this commendation from the king the connection of Annan- 
dale with the active progress of the campaign, appears to have terminated. 

The mansion-house of Craigiehall, near Edinburgh, being the paternal 
inheritance of the marchioness, was a convenient additional residence for 
Annandale after her succession to the Craigiehall estates. An old lease of 
the gardens at Craigiehall shows the care which she desired to bestow on 
their preservation. The lease referred to was entered into by the marchioness, 
as having commission from her husband, with Mark Coulter, gardener in 
Abbey Hill, by which she let to him for a year the gardens and two rooms 
in the house upon the garden wall, for all which Coulter bound himself to 
keep the gardens, with the parterre or flower-garden, and the bowling-green, 
in as good condition as they were in at his entry. 2 

The health of the marchioness at the date of the lease of her gardens now 
referred to, and indeed for several years previous, was in a precarious state, 
and required her residence in England. During the summer of 1716, she 
appears to have gone there, but without any improvement. She died on the 
13th of December 1716, and was buried in the south cross of the abbey of 

1 Vol. ii. of this work, p. 266. 

2 Original lease, dated 20th March 1716, in Annandale Charter-chest. 



CCCXX WILLIAM, FIRST MARQUIS OJF ANNANDALE, 1672-1721. 

Westminster on the 18th of the same month. A suitable monument was 
afterwards erected by her eldest son, James, second Marquis of Annandale, 
to commemorate her memory. The monument was executed by James Gibbs, 
architect, and bears the following inscription : — 

"^Eternse memorise sacrum lectissimse matronse D. Sophia; Fairholm, Annandiae 
MarchionissEe, Scotia ortas, cujus ingenii morumque elegantia, cum eximia corporis 
forma certabat, matris uxorisque laudibus inelytse, tam diligentis autem matris 
familias ut oblatam rerum domesticarum molem animo virili et uegotio pari sus- 
tinuerit ; tot denique virtutibus ornatas ut vitam summa omnium cum admiratione 
morte omnibus deplorata finiverit : Monumentum hoc qualecunque pietatis gratique 
animi indicium moerens posuit Jac. Jo., fil[ius] nat[u] maxpmus], Annandise 
Marchio. Obiit 13 Decembris, anno D. 1716. ^tatis 49." x 

On the same monument are inscriptions to Lord William Johnstone, and 
James, second marquis, both interred in the abbey, but the latter in the north 
cross thereof. 

" Hie etiam jussu ejusdem Marchionis reconditse sunt reliquiae D. Gulielmi 
Johnston, fratris sui charissimi, et filii natu secundi dictse Marchionissae, qui obiit 
24° Dec. 1721, Anno astatis 26. Ja. Gibbs, archi." 

" Near this place is also interred James, Marques of Annandale, a nobleman 
of great parts and many excellent qualities, who died at Naples, 21st February 
1730." 2 

After the lapse of two years the marquis entered into a second matri- 
monial alliance with Charlotta Vanden Bempde, only daughter of John 
Vanden Bempde of Hackness, by Temperance, daughter of John Packer, with 
whom he acquired considerable property. The marriage was celebrated on 
20th November 1718. A bond of provision was granted by the marquis to 
" his beloved spouse," Charlotta, Marchioness of Annandale, for the yearly sum 
of £1000 sterling to be paid to her, after the marquis's decease, if he 

1 The Register of Burials in Westminster Tuesday the 18th December 1716." [Annan- 
Abbey contains the entry, "The Hon bl °. dale Peerage Minutes of Evidence, 1880, 
Sophia, Marchionesse of Annandale, was p. 1030.] 
buried in the south crosse of the abbey on - Hid. p. 1030. 



DEATH AND BURIAL OP ANNANDALE, 1721. CCCXxi 

happened to predecease her. Sasine was taken upon this heritable bond 
on the various lands enumerated, at the mansion-house of Lochwood, on 
the 6th of March 171 9. 1 After the death of Marquis William, this bond was 
contested by Marquis James, his son and successor. The contest was carried 
to the house of lords, who decided in favour of the marchioness. 

Marquis William executed his last will and testament at Whitehall, 
Westminster, on 29th December 1720, in which, to enable his marchioness 
to educate and bring up Lord George, or any other children of the marriage, 
suitably to their rank and quality, he appointed Charlotta, Marchioness of 
Annandale, his spouse, to be his sole executrix and universal legatrix ; the 
will was only to continue during her widowhood ; and she became bound to 
pay his lawful executory and personal debts. 2 

After the making of his will, the marquis went to Bath, where he died 
on the 14th of January 1721. The will iu express terms ordained his body 
to be decently interred in the kirk of Johnstone, the burial-place of his 
ancestors, without pomp or ostentation. This direction was carried out, and 
the marquis's body was interred at Johnstone kirk. 3 The marchioness 
afterwards married Colonel John Johnstone, a son of Sir William Johnstone 
of Westerhall. She died at Bath, 23rd November 1762. 

The children of the marquis both by his first and second marriage are 
enumerated in the tabular pedigree in this work. Lord John Johnstone, 
the younger son of the first marquis by his second marriage, made a gift on 
2d August 1739, of two pictures of King William and Queen Mary to the 
town council and magistrates of Dumfries, from a sense of the respect that 
had been shown by the magistrates and council to the family of Marquis 
George and to himself in particular. These pictures were cordially accepted 

1 Copy bond of provision and instrument 3 The expense connected with the fuueral 
of sasine, in Annandale Charter-chest. amounted to ,£494, 4s. SJd. , which the 

dowager-marchioness was held to be liable for 

2 Annandale Peerage Minutes of Evidence, by the lords of session. [Papers in Annan- 
1S7S, p. 696. dale Charter-chest.] 

VOL. I. 2 S 



CCCXXli WILLIAM, FIRST MARQUIS OF ANNANDALE, 1672-1721. 



by the provost and magistrates of the burgh, and appointed to be fixed and 
put up in the council house, where they still remain. 1 The earlier history of 
these two portraits is unknown. 

Among the collection of family portraits at Kaehills is one of Annan- 
dale by the well-known and distinguished artist, Sir Godfrey Kneller. The 
portrait is now somewhat dim. A mezzotint engraving from this also 
exists at Raehills. It consists of head and bust, represented with a long 
flowing wig of the period, and in the official robes of president of the 
council. The face is fine, and bears out the accounts of his handsome 
appearance. A collotype of the portrait is included in this work. 

1 Annandale Peerage Minutes of Evidence, 1825, pp. 73-75. 




CCCXX111 



TABULAR GENEALOGY 



OF THE 



JOHNSTONES OF JOHNSTONE, 
EARLS AND MARQUISES OF ANNANDALE. 



I. — JOHN, who gave name to Johnston or Johnstone, in the parish of Johnstone, in the lordship of Annandale and 
shire of Dumfries. Gilbert, son of John, is named in writs dated after 1194, and John must therefore have been 
a prominent settler before that date, c. 1170-1194. I 

II.— SIR GILBERT JOHNSTONE, Knight, op Johnstone. He appears first as Gilbert, son of John, after 
1194 as a witness to a charter by William de Brus, grandfather of Robert Bruce, the competitor for the 
Crown of Scotland, to Adam of Carlyle. About the same date he received land in Warmanby and in Annan, 
resigned in his favour under the designation of Gilbert, son of John, by Dunegal, son of Udard. He still held 
the same designation in an agreement dated 11th November 1218. Iu later writs he is styled "Gilbert de 
Jonistun" and " Sir Gilbert de Jonestun," circa 1230, when he held the rank of knighthood. He died before 
1249. He was probably the father of 

III. —GILBERT OF JOHNSTONE, who in July 1249, along with the Earl of Menteith and Buchan and others, is a 
witness to a grant to Sir Robert Bruce (the competitor) of the lands of Ecclefechan. This Gilbert was 
apparently the father of 

I V.— 1. SIR JOHN JOHNSTONE, Knight, of the county of Dumfries, who swore fealty to the English king, 

28th August 1296. 

IV.— 2. GILBERT OF JOHNSTONE, who swore fealty to King Edward on 28th August 1296 at Berwick. 
He obtained from King Robert the Bruce, in or about 1309, lands in the county of Lanark. 
I 

V.— 1. JOHN JOHNSTONE, V.— 2. GILBERT OF JOHNSTONE, who is first named as a witness in a char- 
who is named as a witness in ter by Thomas Randolph, Earl of Moray, Lord of Annandale and Man, in 

a charter dated between 1312 favour of William Murray, of the lands of Cumlongan and Ruthwell. His lands 

and 1332. Of him nothing of Brackanthwaite were iu 1333 bestowed by King Edward the Third upon 

further has been traced. Henry Percy. Iu 1347 he was present at au inquest at Lochmaben, and he 

is said to have died about 1370. He was succeeded by 



I 
VI. — SIR JOHN JOHNSTONE, one of the most active leaders on the Borders, and one of the wardens of the West 
Marches. Sir John made stout resistance to the Euglish between 1377 and 1379. He had safe-conducts to 
England in 13S3 and 1385. In 1385 he received 300 francs d'or of the French subsidy brought by Sir John de 
Vienne. In 1398 he was one of the conservators of the truce on the Borders. He died before the year 
1413, and was succeeded in Johnstone by his son 

VII.— ADAM JOHNSTONE of Johnstonk, who was laird of Johnstone before 1413, when he received a safe-conduct 
into England. He took part in the battle of Sark on 23d October 1448, and he was afterwards one of the 
conservators of peace on the Borders. He died before May 1455. He married, after 1433, Janet Seton, widow 
of William Seton (son of Sir John Seton), and mother of George, first Lord Seton. He had issue, so far as 
ascertained by charter evidence, 



CCCXX1V TABULAR GENEALOGY OF JOHNSTONES OF JOHNSTONE AND ANNANDALE. 



I 
VIII.— JOHN JOHNSTONE of John- 
stone, who succeeded his father 1455. 
He was present at the battle of Arkin- 
holm, 1st May 1455. He took part 
against the Douglases, and in the royal 
expedition against their castle of 
Tkreave in Galloway. He was engaged 
in the battle of Lochmaben, 22d July 
14S4. The name of his wife is doubt- 
ful, unless Janet Herries, the mother of 
his son John, was his wife. He is last 
mentioned in February 1492-93. He 
had issue. | 



I I 
Gilbert Johnstone, who is stated to have 
been a son of Adam, laird of Johnstone. 
He obtained, through his wife, Agnes 
Elphinstone, the lands of Elphinstone, 
in East Lothian, and was ancestor of 

the JOHNSTONES OF ELPHINSTONE, a 

family now extinct in the male line. 

Patrick Johnstone, who, in a writ, 
dated 17th March 1467, is described 
as a brother [uterine] of George, Lord 
Seton. 



I I 
Archibald Johnstone. 
John Johnstone of that Ilk 
names his brother Archi- 
bald one of his bailies, in 
precept, dated 22d Novem- 
ber 1476. 

William Johnstone, also 
named between 1475 and 
1481 as a brother of John, 
laird of Johnstone, but he 
was then deceased, s.p. 



IX.— JAMES JOHNSTONE, Younger, of John- 
stone. On 8th June 1478 he received from his 
father an annual rent of five rnerks Scots from a 
tenement in Dumfries. He appears to have 
predeceased his father. He had issue. 



John, who received Wamphray from his A daughter, appa- 

father in November 1476. He appears to rently married to 

have had a son John, laird of Wamphray, Archibald Car- 

in 1511 and 1513, who married Katheriue ruthers of Mous- 

Boyle, and died s.p. wald. 



X.— 1. JOHN JOHNSTONE of John- 
stone, who was infeft in Johnstone and 
others on 13th September 1484, died 
before 24th May 1488, without issue, 
when his brother Adam was infeft in 
Johnstone, etc. 



X.— 2. Sir ADAM JOHNSTONE of Johnstone. He is referred to on 
13th February 1489-90 as brother and heir of the late John Johnstone 
of that Ilk. He was, in 1498, concerned in an attack on the house of 
Glendinning. He died before 2d November 1509. The name of his 
wife was Marion Scott, widow of Archibald Carruthers, younger of 
Mouswald. He had issue, apparently two sons. 



I 
XL— JAMES JOHNSTONE of Johnstone, who, in 1504, was surety for his father, 
and probably of age. He had, on 2d November 1509, a charter from King James 
the Fourth of the lands of Johnstone and others, apprised for justiciary fines 
due by his father Adam. In 1510 he had a charter from King James the Fifth of 
the lands of Whitrigs and others in the lordship of Come. In 1523 he was one 
of the keepers of the West Marches. He died in August 1524. His wife was 
Mary, eldest daughter of John, fourth Lord Maxwell. He had issue. 



William Johnstone, brother 
of James Johnstone of that 
Ilk, 9th March 1519-20. This 
William is not named in 
the Johnstone entail of 1543, 
and probably died s.p. 



XII.— JOHN JOHNSTONE of 
Johnstone, born 1507, succeeded 
his father in 1524. On 2d March 
1542-3, he obtained a crown 
charter erecting his lauds into 
the Barony of Johnstone, and 
entailing them upon himself and 
his sons James and Robert, and 
upon his brothers Adam, William, 
John, and Simon Johnstone, 
successively. He is frequently 
named as responsible for his 
clan to the government. He 
died on 8th November 1567. 
He was twice married, first, to 
Elizabeth Jardine, who died in 
December 1544 ; secondly, to 
Nicola Douglas, daughter of 
James Douglas of Dnmilanrig. 
He had issue. 



I I I 
Adam Johnstone of Corrie, to 
whom his father granted the lands 
of Corrie. He is named in his 
brother's entail of 1542-3. He 
died in 1544. He left issue a son 
James, whose grandson, George, 
resigned his rights in 1623 to Sir 
James Johnstone of Johnstone, 
for the lands of Girthhead. The 
male line of Adam Johnstone 
ended in 1750, when the John- 
stones of Corrie and Girthhead 
were represented by four co- 
heiresses. . 

William Johnstone, who is named 
in his brother's entail of date 2d 
March 1542-3, and also in a con- 
tract dated in 1558. He died s.p. 

John Johnstone, designated 
brother-german of his three elder 
brothers in the Crown charter of 
1542-3. He is also referred to in 
December 1543. 



I I I I ; : 

Simon Johnstone, named in the entail of 
1542-3. In 1546 he resigned the lands of 
Eremynie, in Crossmichael, in favour of 
his brother John Johnstone of Johnstone. 

James Johnstone. He died before 1561, 
leaving issue by his wife Margaret M'Lel- 
lan, who survived him. He held the 
lands of Wamphray and Pocornell. His 
male line ended in 1656 by the death of 
John Johnstone of Wamphray, who left 
an only daughter, Janet Johnstone. 

James (or John), abbot of Soulseat, named 
in 1548 as brother to the laird of John- 
stone. He died s.p. 

Mariota Johnstone, married, in 1544, 
Symon Carrutheris of Mouswald. She had 
sasine for life on 12th January 1544 in 
Middlebye and Haitlandhill. 

David and John, who received a charter of 
legitimation in 1543. 



TABULAR GENEALOGY OF JOHNSTONES OF JOHNSTONE AND ANNANDALE. CCCXXV 



XIII. —JAMES JOHN- 
STONE, YOUNGER OP 
Johnstone, who was 
born previous to 31st 
October 1539. He 
never succeeded to the 
estates, having prede- 
ceased his father be- 
fore May 1552, when 
bis widow, Margaret 
Hamilton, married 
David Douglas of 
Cockburnspatk. He 
had issue one son and 
one daughter. 



Robert Johnstone (second 
son by the first marriage), 
who received Raecleuch 
and the parsonage of 
Loohmaben. He died at 
Carnsalloch on 10th May 
1592, survived by his wife, 
Marion Maxwell, who died 
on or after 31st October 
1601. He had issue two 
sons, Robert and Muugo. 
Robert was tutor of his 
cousin, James, afterwards 
first Lord Johnstone. In 
1656 the family was repre- 
sented only by two females, 
Elizabeth, married to 
James Grierson, and Mary, 
only child and heiress of 
Robert Johnstone of Sta- 
pleton, who married Ro- 
bert Young of Auchen- 
skewoth 1696. 



I I 
John Johnstone, of Loch- 
house (eldest son of second 
marriage), who had a charter 
in 1595 of part of the church 
lands of Moffat, Kirkpat- 
rick-Juxta, and Dryfesdale. 
He was executed on 23d Sep- 
tember 1603. His only son 
James was retoured heir to 
him on 18th May 1630. This 
James Johnstone became of 
Neiss, in Moffatdale, and he 
died before 1679, without 
issue. 

James Johnstone, known as 
Captain James Johnstone of 
Lochhouse. He died before 
8th September 1632, with- 
out lawful issue. He had a 
natural son, James John- 
stone of Corehead. Male 
line extinct. 



MM 

Dorothea, said 

to have married 

JohnMaitlandof 

Auchingassel. 

Margaret, who 
married, in 1566, 
Christopher, son 
of Edward Irving 
of Bonshaw. 

Elizabeth. 

Margaret, natu- 
ral daughter by 
Giles Ewart, 
married, in 1531, 
Ninian Graham, 
son of Robert 
Graham of 
Thornick, and 
had issue. She 
died before 1546. 



James 
John- 
stone of 
Hard- 
graif. 
Had 
Crown 
charter of 

Hard- 

graif, 1st 

September 

1540. 

David 
John- 
stone. 

Both 
natural 

sons. 



XIV. 



I 
—SIR JOHN JOHNSTONE of Johnstone, Knight, of Dunskellie, who succeeded 
his grandfather in November 1567. He was zealous in public affairs, and for a 
time an ardent supporter of Queen Mary. He was, however, obliged to submit to 
the king's government. He was twice warden of the West Marches, the second 
time under the government of James Stewart, Earl of Arran. In 1584 he was 
made a knight. In 1585, his house of Loch wood was burned by the Maxwells, 
along with his charter-chest, and all his family muniments. He died on 5th June 
1587. He married Margaret Scott, daughter of Sir William Scott, younger of Buc- 
cleuch, who survived him for many years. They had issue. 



Jean Johnstone, who 
married (contract 
dated 1st August 
1551) William Car- 
lyle, eldest son of 
Michael, Lord Car- 
lyre, and had issue. 



XV.— SIR JAMES JOHNSTONE of Johnstone, called also of Duns- 
kellie. He was born about 1567, and succeeded his father in 1587. 
In 1580 he received from King James the Sixth a charter conferring upon 
him for life the abbacy of Holywood. In 1588 he was retoured heir of 
his father in the lands and barony of Johnstone. He was made a knight 
at the coronation of Queen Anne, 1590. He and Lord Maxwell endeav- 
oured to enter into friendly relations, but their feud burst out more fiercely 
than before, and culminated in the battle of Dryfesands on 7th December 
1593, when John, eighth Lord Maxwell, was slain. In 1596 he was 
warden of the West March, but fell for a time under government dis- 
pleasure. In 1602, the feuds with the Maxwells were renewed, and some 
years later, at a meeting held to reconcile their differences, Johnstone 
was treacherously killed by John, ninth Lord Maxwell, on 6th April 1608. 
He married, in 1588, Sara Maxwell, daughter of John, Lord Herries, who 
survived, and married, secondly, in 1611, John, first Earl of Wigton, and 
thirdly, in 1625, Hew, Viscount Montgomery of Airds, dying in March 1636. 



I I I 
Elizabeth Johnstone, who 
married Alexander Jar- 
dine, younger of Apple- 
girth, and had issue. 

Margaret Johnstone, who 
married, before November 
1594, James Johnstone of 
Westerkall, and had issue. 

Grisel Johnstone, who 
married, first, Sir Robert 
Maxwell of Orchardton ; 
secondly, Patrick Vans, 
younger of Bambarroch, 
and had issue. 



Simon, 
who had 
the lands 
of Bryde- 

holm in 
1604, and 
renounced 

them in 
1616. He 

was a 

natural 
son. 



XVI.— JAMES JOHNSTONE of Johnstone, who was born in 1602, succeeded his father in 
1608, while still a minor, and was retoured heir to him on 30th August in that year. In the 
following year, he had charters of the lands and barony of Newbie, and of the lands of Knock 
and others. On 20th Juue 1633, he was created by King Charles the First a lord of Parliament, 
under the title of Lord Johnstone of Loohwood, with limitation to his heirs-male. He 
joined the covenanters in 1637. He received a patent, dated at Oxford, 18th March 1643, 
granting him the titles of Earl of Hartfell, Lord Johnstone of Lochwood, Moffatdale, 
and Evandale, to him and his heirs-male. Later he took part with the Marquis of Montrose, 
was taken prisoner in the engagement at Philiphaugh 1645, and was condemned to death, but 
■was pardoned by the influence of the Marquis of Argyll. He died in April 1653. He was thrice 
married, first, in December 1622, to Margaret Douglas, eldest daughter of William Douglas of 
Drumlaurig; secondly, in 1643, to Elizabeth, daughter of Sir Samuel Johnstone of Elphinstone; 
and thirdly, on 31st January 1647, to Lady Margaret Hamilton, third daughter of Thomas, 
first Earl of Haddington, and relict of David, Lord Carnegie. By his first wife he had issue. 



I I 
Agnes Johnstone, 
who appears to 
have died young 
and unmarried. 

Elizabeth John- 
stone, who mar- 
ried, as his first 
wife, Sir William 
Hamilton of 
Manor - Elieston, 
Ireland, and had 



CCCXXV1 TABULAR GENEALOGY OF JOHNSTONES OF JOHNSTONE AND ANNANDALE. 



I I 

XVII.— JAMES, EARL OF ANNANDALE and HARTFELL, etc., William 

born 1625. He was, while Lord Johnstone, imprisoned for a time with Johnstone, 

his father in the castles of Dumbarton, Glasgow, St. Andrews, and who was 

Edinburgh. He succeeded his father April 1653, and was retoured major and 

heir to him 25th October same year. In 1657 he resigned his honours lieutenant- 

and lands for new infeftment to himself and the heirs-male of his colonel in 

body, whom failing, to the heirs-female of his body, etc. On 13th the army. 

February 1661 he received a patent granting him the titles of Earl of He held the 

Annandale and Hartfell, Viscount of Aunand, Lord Johnstone of Loch- lands of 

wood, Loehmaben, Moffatdale, and Evandale, to him and his heirs-male, Blacklaws, 

and the eldest heir-female of his body, etc. In April of the following in Evandale. 

year, 1662, he received a crown charter erecting his lands into the He was 

earldom of Annandale and Hartfell, with the destination in his re- designated 

signation of 1657, which was ratified by parliament 1669. He died Master of 

17th July (not April as on p. ccxliv), 1672. He married Lady Henrietta Johnstone 

Douglas, daughter of William, first Marquis of Douglas, their mar- until 1656, 

riage contract being dated 29th May 1645. She died 1st June 1673. when he died, 

They had issue. without issue. 



MM 
Lady MART,married,first, Sir 
George Graham of Nether- 
by,andhad issue; secondly, 
Sir George Fletcher of Hut- 
tonhall. Was alive 1680. 

Lady Janet, married, 6th 
February 1653, Sir William 
Murray of Stanhope, Bai-o- 
net, and had issue. She 
died April or May 1675. 

Lady Margaret, married 
Robert Dalzell, younger of 
Glenae. She died in Octo- 
ber 1655, without issue. 

Lady Bethia, named in her 
father's will in 1640. 



John John- 
stone, bora 
3d September 
1665. He was 
provided by 
his brother, 
Earl William 
to Stapleton in 
1702. Upon 
his death with- 
out issue 
Stapleton re- 
verted to the 
Earl. 



James XVIII. —WILLIAM, second EARL OF ANNANDALE, 
John- etc., born 17th February 1664. He succeeded his father 
stone, 1672, while still a minor, and was retoured heir to him 
Master 1680. He was a supporter of the Revolution, but, in 
of John- 1689, acted with the opposition in parliament. Next 
stone, year he joined the Jacobite faction with Sir James 
born Montgomerie and Lord Ross, but confessed the plot, 

17th De- and was received into favour. He held numerous ini- 
cember portant offices under King William and Queen Anne. 
1660. He was president of the privy council 1694; president 

Died in of the parliament of Scotland 1695 ; high commis- 
infaucy. sioner to the general assembly 1701, 1705, and 1711 ; 
lord privy seal 1702 ; secretary of state and president 
of the privy council 1705. He received, on 24th June 
1701, the dignity of Marquis of Annandale, to him- 
self and his heirs-male whomsoever succeeding to him George John- 
in his lands and estate. Under King George the First stone, born 
he was made keeper of the privy seal, 1714, and, iu 
1715, on the breaking out of the rebellion, he was 
made lord lieutenant of the counties of Dumfries, 
Kirkcudbright, and Peebles, and took an active part 
against the insurgents. He died at Bath 14th January 
1721. He married, first, on 2d January 1682, Sophia, 
only daughter and heir of John Fairholm of Craigiehall, 
who died 13th December 1716. He married, secondly, 
(Jharlotta Van Lore, only child of John Vanden Bempde 
of Hackness, who survived him. He had issue. 

L 

I 



21stJunel667. 
He died after a 
"long and sore 
sickness" on 
10th May 1674. 



M M M I 

Lady Mary, born 31st January 
1652, married, 8th March 1670, 
William, fifteenth Earl of Craw- 
ford, and had issue. 

Lady Margaret, born 14th Au- 
gust 1654, married (contract 
dated 14th September 1678), Sir 
James Montgomerie of Skel- 
morlie, and had issue. He died 
in London, September 1694. She 
died October 1726, and was 
buried in the abbey of Hoi yrood. 

Lady Henrietta, born ISth Jan- 
uary 1657. Died young. 
Lady Janet, born 18th June 

1658. Died young. 

Lady Isabel, born 28th April 

1659. Died young. 

Lady Henrietta, born 21st Jan- 
uary 1669, married, 15th May 
1684, Sir John Carmichael of 
Bonnington, in Lanark, and had 

issue. 

Lady Anna, born 30th July 1671. 
Died in June 1675. 



XIX.— 1. JAMES, second 
MARQUIS OF AN- 
NANDALE. He was, 
in 1708, chosen member 
of parliament for Dum- 
fries and Linlithgow, but 
was incapacitated by an 
order declaring that the 
eldest sons of peers could 
not represent in parlia- 
ment the commons of 
Scotland. He succeeded 
his father in 1721, and 
died at Naples unmar- 
ried on 21st February 
1730. 



Lord John 
Johnstone, 
born 3d Au- 
gust 1688, 
and died 
young. 

Lord Wil- 
liam John- 
stone, born 
in August 
1696. Died 
unmarried 
24th Decem- 
ber 1721. 



XIX. —2. GEORGE VANDEN 
BEMPDE, third MARQUIS OF 
ANNANDALE, born 29th May 1720. 
Succeeded Marquis James 21st Feb- 
ruary 1730. The death of his brother 
Lord John in 1742 deranged his mind, 
and he was, 5th March 1747, declared 
incapable of managing his affairs. He 
died unmarried 29th April 1792. He 
was succeeded in his Scottish estates 
by his grand-nephew, James, third 
Earl of Hopetoun. 

Lord John Johnstone, posthumous, 
born 8th June 1721. He was M.P. for 
the Dumfries burghs, 28th May 1741, 
aud died October 1742, unmarried. 



XIX.— 3. LADY HEN- 
RIETTA JOHN- 
STONE, born 11th 
Novemberl682. She 
married, 31st Au- 
gust 1699, Charles 
Hope of Hopetoun, 
who was in 1703 
created Earl op 
Hopetoun, etc. He 
died on 26th Feb- 
ruary 1742. His 
countess survived 
him, dying on 25th 
November 1750. 
They had issue, with 
other children, 
I 
d 



Lady 

Mary', 

bom 

15th 

June 

16S6. 

Died in 

infancy. 



TABULAR GENEALOGY OF JOHNSTONES OF JOHNSTONE AND ANNANDALE. CCCXXVU 



XX.— JOHN, second EARL OF HOPETOUN, born 7th 
September 1701, succeeded his father in 1742. On 22d 
June 1758 he was appointed curator to his maternal 
uncle, George, third Marquis of Annandale. He died 
12th February 1781, survived by the Marquis. He 
married, first, Lady Anne Ogilvy, second daughter of 
James, fifth Earl of Finrtlater and Seafield ; secondly, 
Jean, daughter of Robert Oliphant of Rossie, Perth- 
shire; thirdly, Lady Elizabeth Leslie, second daughter 
of Alexander, fifth Earl of Leven and Melville. He had, 
with other issue, 



The Hon. Charles Hope, born 8th May 1710. He suc- 
ceeded, in 1730, to Craigiehall, under an entail by his 
grandmother, Sophia, first Marchioness of Annandale, 
heiress of that estate. In 1733, he acquired Black- 
wood, in Lanarkshire, by his wife, Catherine, only 
daughter and heiress of Sir William Weir of Black- 
wood, and took the name of Charles Hope Weir. She 
died in 1743. He married, secondly, Lady Anne Vane, 
eldest daughter of Henry, first Earl of Darlington. 
He died, 30th December 1791, leaving, among other 
issue, 



I 
XXI.— JAMES, third EARL OF HOPETOUN, born 23d August 1741. 
He succeeded his father 12th February 1781 in his estates, and on 
3d July 1781, as curator to his granduncle, George, Marquis of 
Annandale. On the death of Marquis George in 1792, he inherited 
the Annandale estates, and added the name Johnstone to his own 
name of Hope. Under able legal advice, he claimed by petition to 
the king the peerages of Annandale and Hartfell, but he did not 
assume these titles. He died, 29th May 1816, and having no male 
issue was succeeded in his title and estates of Hopetoun by his 
brother, John, Lord Niddrie, who became the fourth Earl of Hope- 
toun, and in his Annandale estates by his eldest daughter, Lady 
Anne, in virtue of the original and new entails of them. He 
married, 16th August 1766, Lady Elizabeth Carnegie, eldest daughter 
of George, sixth Earl of Northesk, and had, with other female issue, 



John, fourth Earl of 
Hopetoun, born 17th 
August 1765. Suc- 
ceeded his brother 
29th May 1816, and 
died 27th August 
1823. By his second 
wife, Louisa Doro- 
thea, daughter of Sir 
John Wedderburn of 
Ballindean, baronet, 
he had issue. 



John Hope, fourth 
son, born 7th April 
1739. Merchant in 
London. Died 21st 
May 1785. He mar- 
ried, 2d June 1762, 
Mary, only daughter 
of Eliab Breton of 
Norton and Forty- 
hall, who died 25th 
June 1767. They had 
issue three sons. The 
third was 



XXII.— LADY ANNE JOHNSTONE HOPE, who in- = Sir William Johnstone Hope, G.C.B., vice-admiral. 

Born 16th August 1766. Served with distinction 
between 1794 and 1801. Served in the same ship 
with the Duke of Clarence, afterwards King William 
the Fourth. He married, first, in 1792 Lady Anne 
Johnstoue Hope, by whom he had issue ; secondly, 
without issue, Maria, Countess-Dowager of Athlone, 
who survived him, dying 4th March 1851. He died 
2d May 1831. 



herited the Annandale estates. She was born 13th 
January 1768. She married, 8th July 1792, her second 
cousin Captain William Hope, who added to his name 
that of Johnstone. She possessed Annandale for two 
years. She petitioned the king for the peerages of 
Annandale and Hartfell. But she died at Edinburgh, 
27th August 1818, before proceedings were taken to 
prove her right, leaving issue. 



XXIII.— JOHN JAMES HOPE 
JOHNSTONE of Annandale, 
born 29th November 1796. He 
inherited from his mother the 
Annandale estates, and in 1825 
he claimed the titles of Earl of 
Annandale and Hartfell, but in 
1844 it was resolved by the 
House of Lords that he had not 
made out his claim. Subse- 
quent to that resolution, a re- 
signation was discovered in 
1876. It was made in 1657 by 
James, Earl of Hartfell, of all 
his peerages and estates in 
favour of the heirs-male of his 
body, and failing them, the 
heirs-female of his body and 
other heirs. The claim was 
re-heard, but the House of 
Lords, on 30th May 1879, ad- 
hered to the resolution of 1844. 
He died on 11th July 1876. 
He married, in 1816, Alicia 
Anne, daughter of George Gor- 
don, Esq. of Halhead, and had 
issue. I 



I I I 

Sir William James Hope Johnstone, George 

admiral, K.C.B., born July 1798; mar- James 

ried, 1826, Ellen, eldest daughter of Sir Hope 

Thomas Kirkpatrick, baronet. He died John- 

11th July 1878, survived by his wife, who stone, 

died 1880. They had issue three daugh- captain 

ters — (1.) Jane Anne, who became a mm, R.N., born 

and died in a convent ; (2. ) Ellen Lucy, born in 1803, 

1838, married, 1865, Captain John D Arcy, married 

R.N., who died 1884, leaving issue; (3.) Maria, 

Alicia Isabella, born 1840. Died unmar- daughter of 

ried, 3d December 1893. Joseph 

Ranking, 

Charles James Hope Johnstone, captain who died 

R.N., born 1801, married, 1826, Eliza, 10th 

daughter of Joseph Wood of Hayes, September 

Middlesex, and died 14th April 1885, 1844. 

survived by his wife, who died 31st Octo- He 

ber 1885, aged 84. They had issue — (1.) deceased 

Charles James Hope Johnstone, born 1835 ; 21st May 

a major-general ; married, 1859, with- 1842, 

out issue, Mary Fanny Eliza, daughter of leaving 

W. Hankey of Middle ton Hall, Linlith- issue, 
gow; (2.)AnneWilliamina,bornl828,mar- 
ried, 1866, General Charles Fanshawe, and 
has issue, lives at Ryde, Isle of Wight ; 
(3.) Mary Josephine, born 1833. 



I I 
Elizabeth Hope John- 
stone, who died on 1st 
November 1864, at 
Zofiingen, Switzerland, 
unmarried. 

MartHope Johnstone. 
She was maid of honour 
to Queen Adelaide for 
several years previous 
to 1840. She married, 
3d February 1840, the 
Hon. and Right Rev. 
Hugh Percy, D.D., 
lord bishop of Carlisle. 
She died on 22d Novem- 
berl851, and was buried 
in the cathedral at Car- 
lisle, where there is a 
brass tablet to her 
memory. Her husbaud 
was buried outside the 
cathedral, by his own 
desire, owing to the 
agitation on the sub- 
ject of burying in 
churches. 



CCCXXVlil TABULAR GENEALOGY OF JOHNSTONES OF JOHNSTONE AND ANNANDALE. 



XXIV.— WILLIAM 
JAMES HOPE 
JOHNSTONE, 
YOUNGER OF AN- 
NANDALE, born 
1st July 1819, at 
Cramond House, 
county of Edin- 
burgh, died v.p. 
on 17th March 
1850. He married, 
in 1841, the Hon. 
Octavia Mac- 
donald, daughter 
of Godfrey, Lord 
Macdonald. 



George 
Gordon 
Hope 
John- 
STONE.born 
19th Octo- 
ber 1820, 
died 16th 
July 1S66, 
married, in 
1845, 
Adelaide 
Mary 
Went- 
worth, 
daughter of 
Sir George 
Sinclair. 
She died 
in 1873. 
They had 
issue. 



I I 

John Hope 

Johnstone, 

born 22d 

February 

and died 

13th March 

1824. 

John 

Charles 

Hope 

Johnstone, 

formerly in 

the 

diplomatic 

service ; born 

at Cramond 

18th October 

1826; 

educated at 

Edinburgh 

Academy and 

Trinity 

College, 

Cambridge. 

Died at 

Edinburgh, 

28th Novem. 

ber 1893. 



I 
KOBERT 

Gordon 
Hope 
John- 
stone, 
born 1st 
February 

1829, 
died 15th 
January 

1890; 
married, 
in 1855, 
Agnes, 
daughter of 
Lieutenant 
Colonel 

John 

Swanson, 

HE. I. C.S. 

and had 



I I 

Charles Hope 

Johnstone, 

R.N., born 

23d November 

1830, died 

17th June 

1855, s.p. 

David Baird 
Hope John- 
stone, born 
4th May 1832, 
died 28th 
December 
1886. He mar- 
ried Margaret 
Grierson, 
daughter of 

Colonel 

Grierson of 

Lagg, 

without issue. 



Anne Jemima 
Hope John- 
stone, born 
20th April 
1817, 
died unmarried 
15th Septem- 
ber 1892. 

Lucy Wil- 
liamina, born 

16th August 
1818, died 18th 

August 1890. 

Alice Hope 
Johnstone, 
born 26th Feb- 
ruary 1822, 
died 16th De- 
cember 1890 ; 
married, in 
1845, Sir 
Graham 
Graham Mont- 
gomery, Bart. , 
and had issue. 



1 

William 


1 1 
Edith 


George 


Firenze 


Hope John- 


Georgiana, 


stone, 


married, in 


captain 


1855, to 


R. N., born 


Carl Wil- 


1830, died 


helm Peter 


in 1870. 


Eisen, 


He married, 


Lieutenant 


in 1858, 


in service of 


Emily, 


the Duke 


daughter of 


of Baden. 


William 




Stead (who 


Lucy 


survived 


Jemima. 


him, and 


born 1835, 


married, 


unmarried. 


secondly, 




in 1882, 




John Mason 




Stead). 




They had 




issue. 





XXV. —JOHN 
JAMES HOPE 
JOHNSTONE 
OF ANNANDALE, 
born 5th Octo- 
ber 1842. He 
joined the Rifle 
Brigade in 1862. 
He retired as 
lieutenant and 
captain in the 
Grenadier 
Guards in 1872. 
He was M.P. for 
Dumfriesshire 
from 1874 to 
1880. 



I 

Percy 
Alexander 
John Hope 
Johnstone, 
born 1S45, 
married his 

cousin, 
Evelyn Anne 

Hope 
Johnstone, 

and has 



I I 
Wentworth Wil- 
liam Hope John- 
stone, born 1848, 
married, in 1879, 
Beatrice, daughter 
of the late James 
Christie of Mil - 
bourne Hall, Pock- 
lington. 



Alice, died 15th 
September 1881, 
unmarried. In- 
terred in Johnstone 
churchyard. 



Charles 

Cecil 
Gordon 
Hope John- 
stone, born 
1846, mar- 
ried, 1871, 
Elizabeth 

Agnes, 

daughter of 

the late 

Edmund 

Grundy, and 

has issue. 



William James 
Hope Johnstone, 
born 1855, married, 

1877, Emily Mary, 
daughter of thelate 
Captain Edward 
Bailie, and has 
issue six children. 

Evelyn Anne, born 
1849, married, 

1878, her cousin, 
Captain Percy 
Hope Johnstone. 

Constance, died 
young, and unmar- 
ried. 



Outram, died William 
young, and James, 

unmarried. born 1863. 



Gordon 

Frank Hope 

Johnstone, 

born 1861. 

Now living at 

the Cape. . 

Anne 

Eleanor, bom 

1859, married, 

in 1890, 
Edwin Bailey, 
M.D., and has 

issue one 

daughter, born 

1893. 



Charles 

Henry 

Edmund, 

born 1867. 

EmilyAlice, 

born 1861. 

Florence 

Blanche, 

born 1865, 

married, in 

1890, Rev. 

Charles 

Girdwood 

Thompson. 



Evelyn Wentworth 
Hope Johnstone, 
born 9th May 1879. 



Violet 

Constance, 

born 19th 

November 

1881. 



Alice, 

born 7th 

September 

1883. 



I. 



George Went- 
worth Hope 
Johnstone. 



Edmund William 
Gordon Hope 
Johnstone, born 
1873. 



I I 

David Percy Frances 
Hope John- Ellinor. 
stone, born 
1876. 







*» 




CCCXX1X 



CASTLES AND MANSIONS OF THE JOHNSTONES 
OF JOHNSTONE AND ANNANDALE. 

1. LOCHMABEN CASTLE. 

Three great castles at one period dominated the whole district of Annandale. These 
were Lochmaben, Annan, and Auchencass. • Lochrnaben Castle stood nearly in the 
centre of the dale, while the castle of Annan was at the south end, and Auchencass 
was midway between the commencement of the dale on the north and Lochmaben on 
the south. These three castles were all stupendous in their structure, and were more 
like the work of communities than of individual owners. They are now all in ruins, 
and have been so for centuries. 1 

The earliest mention of Lochmaben occurs in the great charter by King William 
the Lion to Robert de Brus, the second of Annandale, of all the land which his father 
and himself held in Annandale, as freely and by the same bounds as they were held in 
the time of King David, his grandfather, or King Malcolm, his brother. The charter 
is dated at Lochmaben, and witnessed by Engelram, Bishop of Glasgow, and a large 
number of the court. The date is assigned to 1166. 2 It is next mentioned in a 
charter by William de Brus to Adam of Carlyle, of the lands of Kinmont, where 
Carlyle and his men are granted free passage to the market by the forest at Lokmaban 
through Dalton, and at Dumfries through Rochel. The holding of a fair shows that 
Lochmaben at the date of the charter (1194-1214) was a place of some importance. 3 

After King Robert Bruce relinquished Annandale to his nephew Randolph, and in 
the course of the subsequent history of the castle of Lochmaben, many of the 
sovereigns of Scotland took a deep interest in it from the time of King David Bruce. 
In the year 1346 Lochmaben was in possession of the English, having been seized 
by King Edward the Third. In that year King David the Second marched through 
Annandale and took the castle from Selby, the English governor under Edward, and 
occupied Lochmaben. He crossed the border and engaged in the fatal battle of 

1 Mr. Clerk of Eldin made a drawing of the courtesy of Messrs. Nimmo, Hay and 
the castle of Lochmaben as it existed between Mitchell, the publishers, it is here repro- 
the years 1773 and 1779. The drawing was duced. 
included in the volume of Eldin Etchings for 
tbe Bannatyne Club in 1865. An engraving 
was also made for the History of Lochmaben 
by the late Rev. William Graham. Through 3 Charters of this Work, pp. 1, 2. 

VOL. I. 2 T 



2 National mss. of Scotland, vol. i. No. 
xxxix. 



CCCXXX ANNANDALE MANSIONS. 

Neville's Cross, where he was taken prisoner. The great ransom which had to be paid 
to England for him, impoverished Scotland for many years. 

King James the Second took possession of Lochmaben in 1449 and 1451, for the 
purpose of checking the power of the Douglases. King James the Fourth was a 
frequent resident at Lochmaben. The accounts of the lord treasurer contain notices 
of his being at Lochmaben in the years 1490, 1496, and 1497. x He built and made 
many repairs on the large hall of the castle. After his marriage with the Princess 
Margaret Tudor, sister of King Henry the Eighth, James and his young bride passed 
the autumn there. The princess was then only fifteen years of age and the king was 
thirty-three. Shortly before visiting Lochmaben the king had spent a merry time in 
the neighbouring valley of Eskdale, and he continued to do so after proceeding there. 
He was usually attended by many minstrels, and at Lochmaben he had about thirty. 
The king and queen left Lochmaben on 17th September 1504 for Edinburgh. 
Nearly forty years afterwards, in 1542, their eldest son, King James the Fifth, visited 
Lochmaben Castle on his way to the raid called the Solway Moss, which was as fatal 
to King James the Fifth as Neville Cross was to King David the Second. On 
receiving the bad news that the Scotch nobles would not fight under Oliver Sinclair, 
a mere favourite of the king, as commander of the Scottish army, but yielded them- 
selves prisoners to the English, the king left Lochmaben and hastened to Falkland 
Palace, where he died of a broken heart on 8th December, five days after the birth of 
his daughter Mary. Among his last utterances were, " It cam with a lass and it will 
gang with a lass." This "lass," soon after her marriage with Darnley in 1565, 
visited Lochmaben accompanied by her husband. 

King James the Sixth took a great interest in the town of Lochmaben, and 
granted the burgh a new royal charter in 1612. Several letters by the king have 
recently been traced during the searches connected with the present work. The first 
letter is addressed to the Earl of Mar as treasurer, and the other commissioners of the 
king's rents in Scotland, to pay to John Murray, Viscount Annand, £1600 sterling, 
to be employed by him by the special advice and direction of the master of the king's 
work for re-edifying and reparation of our castle of Lochmaben, and with such speed 
and diligence as conveniently may be. 2 

Another letter or precept was issued by the king to the Earl of Mar, treasurer, on 
the 20th of February 1624. It narrates that the king had been pleased to intrust 

1 Vol. i. pp. 171, 306, 335. The payments show that the king sometimes made his 
journeys on horseback to Lochmaben. 

2 Original, dated 20th February 1624, in H. M. General Register House, Edinburgh. 
Vol. ii. of this work, p. 330. 



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LOCHMABEN CASTLE. CCCXXX1 

and recommend to Viscount Annand the re-edifying and reparation of the king's 
decayed castle of Lochmaben, and to pay him £1G00 out of the king's rents. His 
Majesty explains in this second letter that it is his pleasure that the treasurer take 
the best and speediest course of payment of the foresaid sum, but so as the reparation 
of the king's other houses formerly recommended may not be impeded. His Majesty 
also desires that the master of his works shall carefully survey and direct the said 
work of re-edifying and reparation of Lochmaben Castle. 1 

A third letter from King James the Sixth to the Earl of Mar, treasurer, dated 31st 
January 1625, shows the interest which the king continued to take in the town of 
Lochmaben, as well as the castle. He narrates that the warden and steward courts 
have been kept in the church of Lochmaben, which he thought unseemly and unfitting, 
and he desired the master of works to repair to Lochmaben and select a place for a 
tolbooth, in such form that the lower rooms may serve for prisons, and the upper, for 
courts and administration of justice. 2 

Notwithstanding the anxiety shown in these letters, and in the arrangements which 
were made when King James the Sixth created John Murray, one of the gentlemen of 
his bedchamber, Viscount Annand and Lord Lochmaben, it does not appear that the 
intended re-edification of the castle was carried out. On the other hand, it was made 
a quarry for stones for neighbouring buildings so long as the valuable stones remained. 
The great castle of Lochmaben in consequence has long been a sad ruin. 

The great charter granted to James, first Earl of Annandale, by King Charles 
the Second in 1662, contains the heritable office of keeping and governing his 
Majesty's castle of Lochmaben, with the thirty-two " Mart ky " (cows), called the 
" Lardner Mart ky," used and wont to be uplifted yearly out of the thirty-two 
parishes within the stewartry of Annandale, and thirty-nine "geiss" called "meadow 
geiss," and hens called " Fastings evens hens," and with the patronage of the parish 
kirk of Lochmaben. The king also granted to him by the same charter the lands 
and barony of Lochmaben, with the Stainhouse of Lochmaben, the Lady mill and the 
rest of the mills of Lochmaben, mill lands, etc., with the whole fishings in all the lochs 
of Lochmaben, the lands of Smellholm and Hietie with the fishings belonging thereto, 
and two cottages thereof, the lands of Bus, Cunnigh, Herk, and Greenhill, the lands 
of Lochmabenstaine. The charter provides that a sasine taken at the castle of Loch- 
maben should be valid for the barony of Lochmaben and the heritable keeping of 
the castle, and the Lardner Mart kyne, etc. 3 

1 Original letter in Charter-chest of the Earl of Mar and Kellie. Vol. ii. of this work, 
pp. 330, 331. 2 Ibidi> p _ 332 _ 

3 Minutes of Evidence in Annandale Peerage Case, 1S44, pp. 94-112. 



CCCXXX11 ANNANDALE MANSIONS. 



2. JOHNSTONE, OE LOCHWOOD TOWER, 

This tower or castle, which is six or seven miles distant from Moffat by the Dumfries 
road, is by far the oldest habitation of the family. Tradition assigns its erection to 
the fourteenth century. But as charter evidence recently discovered shows that the John- 
stones were designated of Johnstone so far back as the twelfth century, the original 
Tower of Johnstone may have been built in, if not even before, the thirteenth century. 

When the lands of Johnstone and others were erected by Queen Mary, with con- 
sent of the Regent Arran, into a barony to be called the Barony of Johnstone, in 
favour of John Johnstone of Johnstone in liferent, and James Johnstone, his son and 
apparent heir, in fee, in the year 1542, it was ordained that the tower and fortalice of 
Johnstone should be the principal messuage of the barony. The name of Lochwood is 
not given to Johnstone Tower in the charter of the erection of the barony. But in 
the subsequent charter, granted by King Charles the Second in favour of James, first 
Earl of Annandale and Hartfell, dated 23rd April 1662, it was provided that one 
sasine to be taken by the earl at the principal messuage, tower and fortalice of John- 
stone, otherwise called Lochwood, or at the tower and manor place of Newbie, should 
be sufficient to the earl for all the lordships, baronies, etc., although they did not lie 
contiguous but in several sheriffdoms and jurisdictions, which were all thereby created 
a free barony, lordship and earldom, to be called then and in all time thereafter, the 
barony, lordship, and earldom of Annandale and Haktfell. 

Lochwood Tower is situated near the northern boundary of the parish of John- 
stone, in a wood of oaks, and surrounded with deep bogs and marshes. In its 
proximity, about a mile away, is the river Annan. Its situation and environments are 
described in the two following stanzas : — 

" Where placid Annan peaceful flows 
And laves its low-laid level vale, 
The Lochwood's lofty towers arose, 
Where dwelt the lords of Annandale. 

On Johnstone Moor, 'midst waving grass, 

The towering fortress frowned afar, 
Surrounded with a deep morass, . 

A safe retreat in time of war." 1 

The name given to the tower was one expressive of its situation. It was bounded 
on the west by a large loch, and on the east by the oak wood already mentioned. 

1 The Battle of Dryfe Sands, 1858, p. 11. 



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JOHNSTONE, OR LOCHWOOD TOWER. CCCXXX111 

Many of the oaks in this wood exist in stately grandeur of hoary age. Two of these, 
popularly called sometimes " The King " and "The Queen," otherwise "The Lord" 
and " The Lady," are of great size, as may be seen by the accompanying drawing of 
them. One of the oaks has a girth of 17 J feet. Specimens of these oaks are given 
in the accompanying sketches. The trees are similar to those in the ancient forest of 
Cadzow, in which the white Caledonian cattle kept by the Duke of Hamilton have 
been in possession for a long period of time. 

The ancient tower and the great trees have inspired local poets, and even some of 
wider fame. The late Mr. Thomas Aird thus happily describes the oaks : — 

" The reverend oak takes back 
The heart to elder clays of holy awe. 
Such oaks are they, the hoariest of their race, 
Round Lochwood Tower, the Johnstone's ancient seat, 
Bow'd down with very age, and rough all o'er 
With scurfy moss and parasitic hair." 

Lochwood Tower as originally built had not been of the same dimensions as the 
later tower which took its place. It has been long in ruins, and has not been 
inhabited for upwards of a hundred and seventy years. A portion of the wall and two 
apartments with vaulted roofs, and the fallen stones and rubbish, are all that remain 
of this ancient residence of the Johnstones. But the thickness of the walls, and its 
position in relation to the surrounding marshes, attest it to have been a place of very 
great strength. 1 

This Johnstone stronghold often experienced the vicissitudes inseparable from the 
raids of border warfare, and in particular from the lamentable feuds which lasted so 
long between the rival clans of Maxwell and Johnstone. In the course of one of these 
feuds, in the year 1585, Lochwood Tower was the scene of a destructive conflagration 
caused by Robert Maxwell, natural brother of Lord Maxwell. This burning of Loch- 
wood, and the language which the spectacle evoked from its perpetrator, are stated in 
the lines of Mr. M'Vitie : — 

" The Lochwood Tower that very night, 
He quickly fired in furious mood : 
' I '11 give,' said he, ' Dame Johnston light 
To place aright her silken hood ! " 2 

1 A saying having reference to the great who built Lochwood, though outwardly 

strength of Lochwood Tower, and variously honest, must have been a knave in his heart." 
attributed to the two sovereigns, James the 

Fifth and James the Sixth, is that " the man 2 The Battle of Dryfe Sands, p. 13. 



CCCXXX1V ANNANDALE MANSIONS. 

The destruction of Lochwood Tower was revenged by the Johnstones at the burning 
of the parish kirk of Lochmaben, and later still, at the battle of Dryfe Sands on 7th 
December 1593, when on both occasions the Maxwells were defeated by the 
Johnstones. 

It was in the time of Sir John Johnstone of Johnstone and Dunskellie, knight, that 
Lochwood was burned. His son, Sir James Johnstone of Johnstone and Dunskellie, 
knight, made a claim against the Maxwells for attacking and burning the house of 
Lochwood, along with his charter-chests and all his family ruuniments. This last 
was an irreparable loss, as although the house and furniture could be renewed, the 
ancient charters and muniments could not be restored. Their destruction has made 
the task of writing the history of the early members of the family from the twelfth 
to the sixteenth century one of difficulty. 

Lochwood Tower was afterwards rebuilt and inhabited by the Johnstone family, 
and it continued to be their principal residence till an accidental fire about the year 
1710 destroyed it. Not having been rebuilt, it gradually became a ruin, apart of 
which is shown in the accompanying sketch. 



3. MOFFAT HOUSE. 

This mansion was erected in the year 1751 by John, second Earl of Hopetoun, who 
was then in possession of the Annandale estates as tutor-in-law of his uncle, George, 
third Marquis of Annandale. Lord Hopetoun made it his place of residence during his 
periodical visits to Annandale attending to the management of the estates. The house 
stands on the upper portion of the west side, but a considerable distance from the line 
of the High Street of Moffat. The site of it, and also the grounds attached to it, were 
formerly a park called Mearspark, extending behind the house to the river Annan, the 
boundary on the west. Moffat House is three storeys in height, with wings on each 
side. The doors and windows are built of red or corncockle stone, the other portions 
of the house are of black whinstone. The house in appearance is a plain but stately 
structure, and has considerable architectural effect. The ground allotted to the policies, 
which was previously bare, was planted by his lordship with ornamental trees. Some 
of these, especially the oaks, have grown to a great size. The gardens and pleasure- 
grounds were arranged with taste and skill. 

From the comparatively modern date of the erection of Moffat House, no part of 
the history of the Johnstone family, either before or after the erection, attaches to the 
mansion. It was not till the time of James, third Earl of Hopetoun, when he became 



MOFFAT HOUSE. CCCXXXV 

proprietor of the Annandale estates in 1792, that Moffat House properly became one 
of the mansions of the Annandale family. As explained in the notice following of the 
mansion of Raehills, Earl James built Raehills before succeeding to Moffat House. 
The old mansion continued to answer its original purpose as an occasional residence for 
the Earls of Hopetoun, while in official charge of the Annandale estates for upwards 
of thirty years. Since it has ceased to serve that purpose, it has been the residence of 
various members of the Annandale family, including the parents of the present pro- 
prietor, Mr. Hope Johnstone, for several years after their marriage in 1841. The 
two brothers and only sister of Mr. Hope Johnstone were all born at Moffat House. 

A few incidents in connection with this mansion may be here recorded : — 

Thomas Graham of Balgowan, afterwards the gallant Lord Lynedoch for his bravery 
at Barossa, was the son of Lady Christian Hope, daughter of the first Earl of 
Hopetoun and his Countess, Lady Henrietta Johnstone. When on a visit to Moffat 
House in the summer and autumn of 1759, eight years after its erection by the second 
Earl of Hopetoun, Mr. Graham was accompanied by James Macpherson as his tutor. 
On that occasion Macpherson commenced to translate the poems of Ossian, which 
subsequently brought him into prominent notice. The translations which he made 
then at Moffat House were, with an Introduction by Dr. Hugh Blair, published in the 
following year in a small volume, entitled " Fragments of Ancient Poetry collected in 
the Highlands of Scotland, and translated from the Gaelic or Erse Language." 

Among the visitors at Moffat Spa when James Macpherson was resident at Moffat 
House, were John Home, author of the tragedy of Douglas, and Dr. Carlyle, minister 
of Inveresk. To them were first communicated the translations by Macpherson, and 
both were delighted with them. Dr. Carlyle was a frequent visitor at Moffat Spa, and 
was commonly known from his commanding figure as " Jupiter Carlyle." Sir Walter 
Scott records that he was the "grandest demigod" he ever saw. 

John Home, the author of Douglas, was an annual visitor at Moffat Spa. He 
wrote the well-known lines on it — 

" No grace did Nature here bestow ; 
But wise was Nature's aim : 
She bade the healing waters flow, 
And straight the Graces came." 

On his first appearance he astonished the natives by thinking aloud or reciting to 
himself some of his poetical effusions in his wanderings. He was also looked upon 
with suspicion as a clergyman who had written a tragedy. But all the same he was 
a great favourite at the gatherings of Moffat society, and his early withdrawal from 



CCCXXXV1 ANNANDALE MANSIONS. 

any of these social meetings was always matter of regret. According to Carlyle, 
James Macpherson (luring his residence at Moffat House was very reserved and proud. 
He shunned dining at the ordinary with Home and Carlyle on some pretence. 

David Hume, the historian, occasionally accompanied these eminent men of letters 
to Moffat Spa. He, for his part, was sceptical of the authenticity of Ossian. They 
tried to explain this away by saying that Hume was sceptical about everything. Mr. 
Hume acted as a paid companion to George, third Marquis of Annandale, in 1745, 
which gave him an interest in the Moffat district. The following receipt for his 
remuneration is still preserved : — 

"Edinburgh, February 8, 1745. 

"Beceiv'd from Eonald Crawford, Writer to the Signet, by Direction from the 
Marquess of Annandale, one hundred Pounds Sterling. Witness my hand this eighth 
of February one thousand seven hundred and forty-five. 



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4. EAEHILLS HOUSE.i 

The lands of Eaehills, which were originally comprehended in the parish of Garvald, 
and are now included in the parish of Johnstone, form a part of a twenty pound land 
of old extent, in which were also the lands of Mollins, Crunzeanton, Monygaris, 
Brydanholme, and Wollgills. 

The connection of the Johnstone family with the lands of Eaehills commences so 
early as the reign of King David the Bruce, from whom a member of the Johnstone 
family, whose history has not been traced, obtained a charter of the lands of 
Cronanton, Molyn, Monykipper, and Kahili, in the barony of Kirkmichael. 2 But the 
lands did not long remain with the grantee. In the beginning of the following 
century they formed part of the Annandale estates of Sir James Douglas, lord of 
Dalkeith, who resigned them in favour of David Lindsay, first Earl of Crawford. 
Crawford conveyed Eaehills as part of the barony of Kirkmichael to William, lord of 
Crichton, knight. The grant was confirmed by King James the Second. 3 About 
that time William Crichton was lord chancellor, and the family of Livingston also 
held an influential position. Edward Livingston of Bowcastle acquired right to 

1 Eaehills occurs with a variety of spellings — Raahill, RahiH, Rahillis, Raehill, Raehills 
or Raegills, and Ridhill. 

2 Robertson's Index of Missing Charters, p. 47. 

3 2d March 1439-40, Register of the Great Seal, vol. ii. No. 226. 



RAEHILLS HOUSE. CCCXXXvil 

Raehills. Disputes arose concerning the lands between the Crichtons and the 
Livingstons. King James the Third was appealed to by the latter, and John John- 
stone of Johnstone was one of those appointed to maintain and defend Livingston in 
the lands of Kaehills and others. 1 

Soon afterwards the lands of Raehills came into the possession of Alexander 
Kirkpatrick in the following manner : — In the rebellion of Alexander, Duke of 
Albany, who aspired to the throne of his brother, King James the Third, he was 
aided by King Edward the Fourth of England, James, the ninth and last Earl of 
Douglas, William, Lord Crichton, and others. The success which at first favoured the 
rebels did not continue. The death of King Edward, the discountenance to their scheme 
shown by King Richard, his successor, and the apathy of their own vassals and 
countrymen all contributed to this. A reward was promised of 100 merks of land and 
1000 merks in money to any one who should kill or take captive the Earl of Douglas. 
Accompanied by Douglas, Albany entered Scotland with five hundred horse on St. 
Magdalen's day, 1484, vowing that they would make their offering that day on the 
high altar of the church of Lochmaben. But being opposed by the Borderers they 
were defeated at Burnswark. Albany escaped, but the Earl of Douglas, weary with 
his long exile from Scotland, surrendered to Alexander Kirkpatrick, an old retainer, 
and brother to Sir Thomas Kirkpatrick of Closeburne, to whom he had to make 
himself known. Kirkpatrick was deeply affected with his master's condition, and 
offered to flee with him to England. But the earl declined, and only desired that his 
life should be spared, saying, " Thou art well entitled to profit by my misfortune, for 
thou wast true to me while I was true to myself." The result was that Douglas had his 
life spared. William, Lord Crichton, and Gavin, his brother-german, were forfeited, 
and Kirkpatrick received the lands of Molin, Raahill, and others, extending yearly to 
£30. 2 The Crown charter conveying these lands narrates the services of Alexander 
Kirkpatrick, and specially the capture of James, Earl of Douglas, at the time of the 
war, and for carrying of his person to the king. 3 

For the next century, or down to 1597, there are various charters under the great 
seal in the reigns of King James the Fourth and King James the Sixth, showing that 
the lands of Raehills and others in the barony of Kirkmichael were possessed in turn 
by John Ramsay, Lord Bothwell, various members of the Hepburns Earls of Bothwell, 
and Francis Stewart, Earl of Bothwell. 4 Upon the forfeiture of the last named 

1 Pp. 13, 14 o£ this volume. 3 Register of the Great Seal, vol. ii. 

2 The Douglas Book, by Sir William No. 1603. 

Fraser, K.C.B., vol. i. pp. 492, 493. Play- 4 Ibid. vol. ii. Nos. 1784, 2452, 3635; 

fair's Baronetage of Scotland, p. 346. vol. v. Nos. 218, 1316. 

VOL. I. 2 IT 



CCCXXXVlii ANNANDALE MANSIONS. 

nobleman, they were in the hands of Ludovic, second Duke of Lennox, and afterwards 
of Walter Scott of Branxholm, knight. 1 

But these charters may only have conveyed the superiority of the lands, or were 
granted on account of temporary arrangements with the grantees, as the Kirkpatricks, 
who acquired them in 1484, continued in possession of them until the year 1605. A 
charter which was granted by King James the Sixth on 19th March that year, 
explains that the Kirkpatricks had alienated Baehills and other lands without the 
king's consent as feudal superior. The alienations were made in favour of John 
Johnstone, commendator of Saulseat, or Simon Johnstone his brother, or others, 
without licence of the king. 2 The king confirmed the alienation in favour of Mr. 
John Johnstone, advocate, and Baehills again reverted to a branch of the Johnstone 
family. 

Seven years later, or on 25th December 1612, Mr. Johnstone resigned the lands 
of Baehills and others in favour of Sir John Charteris of Amisfield, knight, and Dame 
Agnes Maxwell, his spouse, in conjunct fee and their heirs-male. In the charter following 
upon the resignation, and dated 26th February, the lands are erected into the free 

TENANDEY of MoLLINGS. 

The lands of Baehills passed out of the family of Charteris in the year 1636. 
The new owner of Baehills was John, second Earl of Wigton, who was succeeded in 
them by his son, John, the third earl. His lordship in 1659 disponed Baehills to 
James, second Earl of Hartfell, afterwards first Earl of Annandale. 3 The lands of 
Baehills have continued in the possession of the Johnstones to the present time. 

Having the management of the Annandale estates as tutor- at-law to his grand- 
uncle, George, third Marquis of Annandale, James, third Earl of Hopetoun, found it 
necessary to erect another mansion in connection with the Annandale estates. After 
much deliberation an elevated portion of the lands of Baehills was selected, on which 
the new mansion-house should be erected. The earl and his countess, in the course of 
their visits abroad, were so pleased with a mansion-house which they found there, that they 
formed the idea of erecting a similar mansion for themselves at Baehills. Many plans 
were made of the proposed mansion, and much consideration was bestowed on the 
subject, between the years 1782 and 1786, during which portions of the building 
were proceeded with annually. At one time it was proposed that the new mansion 
should be completed by a great dome like that of Her Majesty's General Begister 
House at the east end of Princes Street, Edinburgh, which had recently before been 

1 Register of the Great Seal, vol. v. No. 3 Instrument of Sasine, 7th April, regis- 
1888 ; vol. vi. No. 166. tered in the Particular Register of Sasines for 

2 Ibid. vol. vi. No. 1582. Dumfries, 22d April 1657. 



EAEHILLS HOUSE. CCCXXX1X 

erected. But the proposed dome for Eaehills was abandoned, as a report was 
circulated that the dome of the then new Eegister House was the cause of so much 
smoke, that the clerks in the rooms could not occupy their several apartments. 1 

On the death of George, third Marquis of Annandale, in 1792, James, third Earl 
of Hopetoun, succeeded as heir to him in the Annandale estates, and the mansion- 
house of Eaehills was thereafter occupied by the earl as his principal Annandale 
residence. 

The house is a very prominent and picturesque object in the vale of the Kennel 
river, one of the tributaries of the Annan, which it dominates from its commanding 
position. Eaehills, as the name indicates, was a bleak, hilly country, and the higher 
portions of it were frequently used as sporting ground for wild fowl. The Earl of 
Hopetoun was a great improver of the estate of Annandale, as well when he acted for 
Marquis George as after his own accession as proprietor. He was an extensive planter 
of woods, and in many portions of the estate trees were planted of a superior kind, and 
now adorn the Gallow-hill, on which they are great ornaments. The policies of Eae- 
hills were laid out on an extensive scale, and gardens, conservatories, and lakes were 
added as embellishments surrounding the mansion. Previous to the time that the 
Earl of Hopetoun undertook the formation of Eaehills, a popular opinion prevailed that 
that hilly district did not contain a single tree on which even a " cat could have been 
hanged." But in a very few years the minister of the neighbouring parish of Dryfes- 
dale refers in his Statistical Account of that parish to the new and elegant "palace " of 
the Earl of Hopetoun as seen from Dryfesdale. 

Eaehills House ever since its erection has been the principal mansion of the owners 
of Annandale. The earl's grandson and successor, the late John James Hope John- 
stone, Esq., of Annandale, in the year 1845, made a large addition to the building, 
which added greatly to the accommodation and ornamentation of the house, and made 
it one of the most imposing mansions in the south of Scotland. 

A poetic prophecy about the chiefs of Johnstone has been often quoted, and may 
be here appropriately repeated : — 

" Within the bounds of Annandale 
The gentle Johnstones ride ; 
They have been there a thousand years, 
A thousand more they'll bide." 

1 Memorandum on plans of Raekills House, August 1786, in Annandale Charter-chest. 



cccxl 



MANSIONS FORMERLY BELONGING TO THE JOHN- 
STONES OF JOHNSTONE AND ANNANDALE. 

NEWBTE TOWER, 

In addition to the four mansion-houses now described there were other four which 
subsequently passed out of the possession of the Johnstones of Johnstone and Annan- 
dale. Of these Newbie Tower is the only one that was for any lengthened period 
inhabited by the family. 

This ancient residence of the Johnstones of Annandale is located near Annan. It 
was acquired from the Johnstones of Graitney by Sir James Johnstone of Johnstone, 
who was killed by John Lord Maxwell in 1608. Its acquisition, and the difficulties 
experienced in maintaining peaceable possession of it, are explained in the memoir of 
James Johnstone, first Earl of Hartfell. 

Newbie continued one of the principal mansions of the Johnstones till the time of 
James, third Earl of Hopetoun, who succeeded the Marquis of Annandale in the 
Annandale estates in 1792. This earl having other two mansions in Annandale — 
Raehills and Moffat House, — and having also his noble mansion of Hopetoun House, as 
well as Ormiston House on his Hopetoun estates, sold Newbie in 1800 to Mr. William 
Neilson, merchant, Liverpool. Mr. Neilson's trustee in 1820 sold .it to Mr. John 
Irvine, whose nephew of the same name in 1851 sold it to Mr. Williarn Mackenzie. At 
Mr. Mackenzie's death Newbie passed to his successor, Mr. William Dalziel Mackenzie, 
who is the present proprietor of Newbie Tower. 

STAPLETON TOWERS. 

This mansion is situated in the parish of Dornock. The first Marquis of Annan- 
dale provided the lands of Stapleton to his younger brother, the Honourable John 
Johnstone of Stapleton, and to the heirs of his body, whom failing, they were to revert 
to the Marquis and his heirs. Upon the death of John without issue, Stapleton, 
according to this arrangement, reverted to the Marquis. 

On the property there was a strong square tower of hewn stone, three storeys high, 
with battlements on the top, and vaulted below. The tradition is that the tower was 
built as a stronghold against the English by one of the numerous Irvings in the 
district. 1 

1 Old Statistical Account, parish of Dornock, vol. ii. p. 24. 



STAPLETON TOWERS. CCCxli 

The lands and tower were disposed of by the Annandale family to an Irving, a 
banker in Annan. From his trustees Stapleton was acquired by its present proprietor, 
John A. Critchley, Esquire. 

COERIE OE LUN. 1 

The lands of Corrie, which are situated in the united parishes of Come and Hutton, 
were the possession of the Corries of Corrie from the twelfth century. They were 
acquired by the Johnstones in the beginning of the sixteenth century. On 27th 
October 1516 James Johnstone of Johnstone received a crown charter of the forty 
shilling land of Lund and others, which Robert Lord Maxwell personally resigned. 2 
The tower of Lun, which had been the residence of the family of Corrie, was, accord- 
ing to tradition, burned by the Bells 3 about this time, and never rebuilt, and there is 
no evidence that it was ever inhabited by the Johnstones. The site of the tower now 
forms a part of the farm of Corriemains. The ruins give evidence that the tower had 
been a considerable erection. It was built of common whinstone. The south gable, 
which is about thirty feet high, is all that now remains of the building. 

The Tower of Lun is situated on a bend of the river Milk, about a mile to the 
east of Corrie water, at its junction with the Milk at the farm of Balstack. It is 
surrounded on three sides by the river. Its situation, although low-lying, is very 
beautiful, and commands fine views up and down the river. The natural earth 
terraces between the tower or castle and the river are about twenty feet in height, and 
contributed to make it a place of considerable strength. 

WAMPHEAY PLACE. 

On 16th June 1357, confirmation was granted by Eobert, steward of Scotland, as 
lieutenant of King David the Second, of a gift by John of Corry to Roger of Kirk- 
patrick of the lands of Wamphray. 4 A century later Wamphray was in the possession 
of Sir Robert Creichtoun of Sanquhar, who in 1450 received a crown charter of the 
five-merk land of Wamphray. 5 Soon after this Wamphray came into the hands of the 
Johnstones of Johnstone, as on 22d November 1476, James Johnstone of Johnstone 

1 Lun is contracted from Lunnelly. quently, these Bells carried off the daughter 

2 Register of the Great Seal, vol. iii. No. of Corrie from Lunnelly. 

99, pp. 20, 21. * Charters of this work, p. 11. 

3 They were called of Blackwood House, 5 Register of the Great Seal, vol. ii. No. 
near Kirtlebridge, and either then, or suhse- 333, p. 76. 



cccxlii ANNANDALE MANSIONS. 

gave a precept of sasine to John Johnstone, his son, in the five-merk land of Wani- 
phray. 1 For generations afterwards, Warnphray continued to be possessed by the main 
line and by several cadets of the family of Johnstone of Johnstone. It descended to 
James, third Earl of Hopetoun, as successor to George, third Marquis of Annandale, by 
whom it was sold to Sir James Stirling, provost of Edinburgh, about the year 1804. 

The Castle of Warnphray, or Warnphray Place, occupies a very romantic site iu 
Warnphray glen. It is situated on a high table-land on the north side of Warnphray 
water. Steep banks, upwards of a hundred feet in height, encircle it on three sides. 
To the south and south-west it commands an extensive view of Annandale by the 
Tinwald hills into Nithsdale. On the north the hill of Dundoran towers above the 
castle. The west side looks down the Warnphray glen towards the parish of John- 
stone. On the east the view extends along the glen to the hills above Kirkhill. 

The castle had been a place of great strength and almost impregnable. The round 
hill near the ruins of the castle is called the moat hill of Warnphray, and was made use 
of as a beacon hill. 

An incident relating to 1745, connected with the castle of Warnphray, may be 
noted here. John Johnstone of Warnphray, who joined in the rebellion of 1745, was 
warded in the castle of Warnphray. It is told of him that Johnstone of Kirkhill in 
Warnphray, who came to see him, took his place and allowed him to escape, and that 
the stratagem was only discovered when John Johnstone should have been led forth 
to execution. 

The Earl of Hopetoun during his possession of Warnphray, made extensive improve- 
ments by plantations and otherwise. Adjoining the ruins of the old mansion of 
Warnphray there are a number of Scotch firs of considerable size and antiquity. 

1 Charters of this work, pp. 14, 15. 



CHARTERS 



OF THE 



JOHNSTONES OF JOHNSTONE, 
EARLS AND MARQUISES OF ANNANDALE. 



1. Charter by Eobeet Bruce to Ivo and his heirs, of a place between the fishings of 
Blawad and the water of Esk, for fishing and spreading his nets. Circa a.d. 1 1 90. 1 

Robertus de Brtjis, omnibus hominibus suis et amicis, salutem. Soiatis me dedisse 
et concessisse et hae carta mea confinnasse Iuoni et heredi'ous suis locum qui est inter 
piscariam de Blawad et aquam de Hesch; tenendum de me et heredibus meis ad piscarias 
suas faciendas et retia tendenda, libere et quiete ; reddendo miehi annuatim unam 
libram piperis, uel sex denarios ; hiis testibus, Petro de Humez, Hugone de Corri, 
Hugone filio Ingebaldi, Eoberto de Hodelmia, Waltero de Bosco, Humfrido del 
Gardine, Ricardo Flammanc, Henrico filio Gerardi. 

2. Charter by William Bruce to Adam of Carlyle, son of Robert, of the lands 

of Kynemund, to which Gilbert, son of John, is a witness. 1194-1 214. 2 

Willelmus de Brus, omnibus hominibus suis et amicis, Francis et Anglis, presentibus 
et futuris, salutem. Sciatis me dedisse et concessisse et hac presenti carta confirmasse 
Ade de Karleolo, filio Robert!, et heredibus suis, Kynemund, per rectas diuisas cum 
omnibus pertinenciis, et de incremento totam terram cum bosco et pastura usque 
Steinreisebech ; et sic secundum ductum per medium mariscum qui est de west et 
de north de Wrennehoc uersus la blanche lande usque ad proximum pontem de la 
blanche lande preter unum ; et ita de illo ponte extendendo usque ad fontem unde 
ductus uenit qui uocatur Houticroftebech ; et ita secundum ilium ductum descendendo 

1 Original charter in Drumlanrig Charter-chest. The tag for seal remains, bearing marks 
that the seal had been appended. 

2 Original charter in Drumlanrig Charter-chest. 

A 



2 ANNANDALE CHARTERS. [1194-1214. 

usque ad siccum in Winterbech Scot qui transit per Walter brigge ; et ita secun- 
dum illurn siccum usque ad Blabech ; et ita secundum Blabecb descendendo usque 
ubi cadit in Gillemartinebech ; et ultra Gillemartinebech communionem pasture cum 
illis de Millebi ; et cum predictis Brakanepheit ; et unum molendinum cum stagno et 
sede racionabili ; et cum racionabilibus uiis ad molendinum et ad aquam produ- 
cendam ad molendinum super Polraban in territorio de Cumbertres : Et infra 
istas diuisas ante nominatas ille et heredes sui poterunt herbergare et essartare 
et edificia facere ubicunque uoluerint preter in Brakanephet, ubi non poterunt 
domos facere nisi per me. Habebunt etiam uias liberas illi et homines sui ad forum 
per forestum apud Lokmaban per Daltonam, et ad Dunfres per Rochelam. Omnes 
istas terras et hec tenementa cum omnibus pertinenciis habebunt et tenebunt ille et 
heredes sui de me et heredibus meis in feudo et hereditate, libere et quiete, honorifice et 
integre, in monasterio et molendino, in bosco et piano, in pratis et pascuis, in uiis et 
semitis, in moris et mareisis, in stagnis et uiuariis, in omnibus locis et libertatibus et 
aisiamentis eisdem terris pertinentibus, quietas ab omnibus seruiciis et consuetudinibus : 
Faciendo michi et heredibus meis seruicium quarte partis unius militis pro omnibus 
seruiciis ; salua tamen michi et heredibus meis uenatione mea, scilicet, ceruo et bissa, porco 
et capreola. Istas uero terras cum molendino prenominato et pertinenciis et aisia- 
mentis eisdem terris pertinentibus dedi illi et heredibus suis tenendas de me et heredibus 
meis pro homagio suo et seruicio, et pro excambio de Locardebi, quam Robertus de Bvus, 
pater meus, dedit Roberto patri suo pro homagio suo et seruicio : Et istas terras et 
tenementa cum omnibus libertatibus et aisiamentis illis pertinentibus ego et heredes mei 
garantizabimus illi et heredibus suis contra omnes homines in tempore pacis : Et 
quando garantizare non poterimus, dabimus illis excambia sua de terra nostra in Her- 
ternes ad ualenciam, cum eisdem libertatibus, et per idem seruicium ; testibus, 
Willelmo de Heriz, Ada filio Ade, Vdardo de Hodelmo, Hugone de Brus, Hugone de 
Corri, Henrico Murdac, Gilleberto filio Johannis, Willelmo de Heriz, iuniore, Hugone 
Malleuerer, Willelmo de Heyneuile, Ada de Dunwithie, Ricardo Flamanc, Ricardo del 
Bois, Rogero filio Vdardi, Symone capellano, et multis aliis. 



3. Charter by William Bruce to Ivo of Kirkpatrick, of lands in the fee of 
Pennersaughs, to which Gilbert of Johnstone is a witness. Circa 1 194-1214. 1 

Omnibus has litteras uisuris uel audituris Willelmus de Brus, salutem. Sciatis me 
dedisse et concessisse et hac presenti carta mea confirmasse Yuoni de Kirkepatric 

1 Original charter in Drumlanrig Charter-chest. Part of the seal is still appended. 
On a shield, a saltire, and a chief — the charge on the latter defaced. Legend, " [S.] Wilelrai 
D Br[us]." 



1194-1214.] WILLIAM BRUCE TO IVO OF KIRKPATEICK. 3 

illam terrain in feudo de Penresax que uoeatur Thorbrec et Willambi, et villain de 
Blacwde, cum omnibus pertinenciis suis, pro homagio suo et seruicio : Tenendum et 
habendum sibi et heredibus suis, de me et heredibus meis, in feudo et hereditate, libere, 
quiete et plenarie, in bosco et piano, in aquis, in stangnis et in molendinis, in pratis, 
in pascuis et pasturis, et in ceteris omnibus libertatibus, et aisiamentis communibus 
ad feudum de Penresax pertinentibus ; salua mihi et heredibus meis donatione 
ecclesie ; et ad meliorandum sibi prefatas terras infra suas rectas diuisas, et duas 
carucatas terre in territorio de Penresax, cum toftis et croftis, que Eicardus filius 
Aldus, Robertus filius Cecilie, A[da] de Willambi, A[da] filius sacerdotis, A[da] filius 
Astin, Jurdanus, Stephanus, Eicardus filius Siric tenuerunt in Penresax : Faciendo 
michi et heredibus meis seruicium octaue partis feudi vnius militis. Et sciendum est 
quod ego Willelmus et heredes mei warentizabimus prefato Yuoni et heredibus suis 
omnes prefatas terras et libertates ; et si illas eis warentizare non potuerimus, ego et 
heredes mei dabimus sibi et heredibus suis terrain in escambium infra uallem Anand 
ad ualenciam terrarum prefatarum, cum omnibus prefatis libertatibus, et per idem 
seruicium. Et si in ualle Anand terrain non habuerimus, dabimus eis escambium 
alibi vbi terrain hire hereditario possidemus ; hiis testibus, Willelmo de Herice, 
B[icardo] de Bosco, Hugone de Corri, Wnfrido de Gard[ino], Roberto de Crossebi, 
G[illeberto] de Jonistune, Eogero de Kirkepatric, Eoberto de Turmore, Willelmo de 
Heneuile, Alano de Dunwidi, et multis aliis. 



4. Eesignation by Dunegal, son of Udard, of a carucate of land in Warmanbie, 
for the use of Gilbert, son of John. [1194-1214.] 1 

Dtjnegal, son of Udard, resigns and quitclaims to William de Brus and his heirs, in 
full court (plenaria curia), a carucate of land in Weremundebi, and half a carucate in 
Anant, with a toft, for the use of Gilbert, son of John. Witnesses, William . . . 
Adam de Seton, Eobert de Hodalmia, Humphrey del Gardine, Adam, son of Adam, 
Eichard de Penresax, William de Herez, L . . . Murdac, Udard de Hodalmia, Hugh 
de Corri, Hugh, son of Ingebald, Walter de Walram, Patric Brun, W . . . Walbi, 
Adam de Dunwidie, Eobert de Crossebi, Eichard de Bosco, Eobert de Levingtona, 
Eoger de Kirk[patric ]], Malcolum Loccard, Eobert de Tremor, William de Henevile, 
Hugh Maleverer, and many others. 

1 Original resignation in Ducliy of Lancaster charters, box ' A.' No. 132. Calendar of 
Documents relating to Scotland, a.d. 110S-1272, by Joseph Bain, Edinburgh, 1881, vol. i. 
p. 107. 



4 ANNANDALE CHARTERS. [1218. 

5. Agreement between Patrick, Earl of Dunbar, and Sir Robert Bruce, about 
lands in Hertness, to which Gilbert son of John is a pledge. 11th November 
1218. 1 

Agreement made at the feast of St. Martin, in the year of the Incarnation 1218, 
between P[atric], Earl of Dunbar, and C[hristina ?], the countess, and Sir E[obert] de 
Brus ; viz., the earl and countess have demised to Sir Robert all the land they have in 
Hertnissa (Hertness), viz., of the countess's dower, for the term of eight years, for 361. 
of silver, and 6s. yearly, one moiety at Pentecost and the other at Martinmas ; saving 
the third part of the market and the fair of Hertpulle (Hartlepool) to the earl and 
countess, if they and the said Sir Robert can acquire these. And it is to be observed 
that Sir Robert shall pay the money to the said earl and his said mother, C[hristina ?], 
the countess, so long as they shall warrant the said land to him. Also the said Robert 
shall not demise the said land for eight years in such mode as he received it from his 
grandfather (avi). His pledges are : — Humphrey de Cardino (Jardine), Hugh de Corri, 
William de Heriz, Robert de Crossebi, Richard de Bosco, G. son of John (Johnston), 
Robert de Tremor. 



G. Resignation by William, son of Ralf the Lardenar, to Robert Bruce, of 
lands in Annan, to which Gilbert son of John is a witness. Circa 1218. 2 

William, son of Ralf the ' Lardenar,' his brother David, his sons and their heir (sic), 
have quitclaimed, abjured and resigned per fuslum et baciilum, to Robert de Brus and 
his heirs, all the land which they or their predecessors held of him and his predecessors 
within the vill of Anant, instead of the account (compotus) of David, his brother, 
when he was servant of Sir Robert de Brus in Herterville, which William undertook 
to pay, but cannot; and for 100s., which the said Sir Robert has allowed him 
(prebuit). Appends his seal. Witnesses — Sir Richard de Leviuton, Sir Roger Avenel, 
William de Brus, John de Brus, William de Heriz, Humphry de Gardin, Hugh de 
Corri, Robert de Crossebi, Gillebert son of John, Roger de Kirkepatric, Robert 
de Tremor, Richard de Bosco, Richard de Humez, Hugh Mauleverer, Hugh son 
of Hamelin, William Franceis, Engeram, Thomas the Clerk, and the ' curia ' of the 
said Sir Robert de Brus of Anant. 

1 Original agreement in Duchy of Lan- 2 Original resignation in Duchy of Lan- 
caster, Cartae Miscell., vol. iii. p. 12 ; Calen- caster Charters, Box 'A,' No. 128 ; Calendar 
dar of Documents relating to Scotland, by of Documents relating to Scotland, by Joseph 
Joseph Bain, vol. i. p. 123. Bain, vol. i. p. 123. 



1245.] ROBERT BRUCE TO ROGER CRISPIN. 5 

7. Charter by Robert Bruce to Roger Crispin, of the lands of Cnoculeran, to 
which Gilbert of Johnstone is a witness. Circa 1218. 1 

Omnibus ad quos presens scriptum peruenerit Robertas de Bras, salutem. Sciatis me 
dedisse et coneessisse et hae carta mea confirmasse Rogero Crispin totam terram de 
Cnoculeran, infra has diuisas noniinatas ; scilicet, de Blakebec sub Thornthuayt vsque 
ad mussam que est sursum Blakebec, et sic iuxta mussani illam vsque ad Bliudethuayt, 
et sic de Blindethuayt vsque ad Malroser, et sic per riuulum de Malroser vsque in 
Polraban, et sic de Polraban iuxta viridem viam usque ad sepem de Holthuayt, et sic 
per sepem ilium usque ad Threpland, et sic usque ad diuisas terre Hugonis Hendeman, 
et sicut diuise ille cadunt in Blakebec : Tenendam de me et heredibus meis sibi et 
heredibus suis, in feodo et hereditate, libere et quiete, plene et honorifice ; cum com- 
muni pastura Daltone et parue Daltone et Musefald et omnibus aliis aisiamentis ad 
predictam terram pertinentibus ; excepto quod homines manentes in terra eiusdem 
Rogeri dabunt multuram et pannagium, ipse uero Rogerus quietus erit de multura et 
pannagio de propria domo sua. Hanc predictam terram dedi eidem Rogero pro 
homagio et seruicio suo, et in exscambium terre sue de Kinemund et dimidie caracate 
terre quam tenuit in feodo de Moffeth, illius scilicet, que est iuxta Elrebec : Faciendo 
vicesimam partem seraicii vnius militis. Predictus uero Rogerus et heredes sui edifica- 
bunt et sartabunt infra sepes suos, et omnibus modis quibus poteruut terram illam infra 
diuisas suas appropriabunt ad opus suum ; Mis testibus, Willelmo de Heriz, Hugone 
de Corri, G[ilberto] de Joneston, Vmfrido de Gardino, Ricardo de Bosco, Rogero de 
Kirkepatric, Lavrentio de Berkelai, et multis aliis. 2 



8. Grant by Robert Bruce to Robert of Crosby, of commonty in the Wood of 
Stapleton, to which Sir Gilbert Johnstone is a witness. Ante 1245. 3 

Omnibus hoc scriptum visuris uel audituris Robertus de Brus, salutem. Nouerit 
vniuersitas vestra nos coneessisse et pro nobis et heredibus nostris imperpetuum quietum 
clamasse Roberto de Crossebi omnia communa que nos uel homines nostri habuimus 

1 Original charter iu Drumlanrig Charter- ings. The legend on the larger impression is 
chest. defaced. The legend on the counter seal is 

2 Seal appended in green wax, partly less injured, and is " Secretvm R[obee]ti 
injured, with two impressions. The obverse de B[rus]." 

shows a shield bearing a saltire, and on a chief, 

a lion passant gardant. On the reverse is a 3 Original charter in Drumlanrig Charter- 

counter seal of smaller size with same bear- chest. 



6 ANNANDALE CHARTERS. [1245. 

in bosco de Stapiltone ; ita quod nos nee heredes nostri, nee aliquis de nostris aliquod 
ius uel clamum in predictis comrnunibus dicti bosci de Stapiltone decetero exigere 
poterimns. Concessimus etiam eidem Roberto de Crossebi et heredibus suis ad 
habendum liberum parcum de predicto bosco ; ita taraen quod predictus Robertus de 
Crossebi predictum boscum faciat claudere. In cuius rei testimonium presenti scripto 
sigillum nostrum apposuimus ; testibus, domino Vmfrido de Kirpatric, domino Ada 
de Carnoto, domino G-ilberto de Jonestone, domino Alano de Dunwidi, Hugone filio 
Hamelin, Roberto de Herice, et aliis. 



9. Quitclaim by Roger, son of William French, to Sir Roeert Bruce, Lord of 
Annandale, of lands in Annan for lands in Moffat, to which Sir Gilbert 
Johnstone is a witness. Ante 1245. 1 

Roger, son of William Franciscus (French), quitclaims to Sir Robert de Brus, lord of 
Annandale, and his heirs, two oxgangs of land which the granter held of him in the 
territory of Anand towards Weremundebi, for the excanibion of two oxgangs of land 
which William Franciscus, the granter's father, formerly held of the said Sir Robert in 
farm in the territory of Moffet. Appends his seal. Witnesses — Sir John de Rumim- 
debi, Sir Humphrey de Kirkepatric, Sir Roger his brother, Sir Gilbert de Joneston, 
Sir Robert de Herice, Sir Humphrey Mauleverer, William de Henevile, Adam de 
Dunwudhi, and others. 



10. Charter by Robert of Dundonald to Sir Robert Bruce, of lands in 
Ecclefechan, to which Gilbert Johnstone is a witness. Circa 29 th July 
1249. 2 

Robert de Dundovenald grants and confirms to Sir Robert de Brus and his heirs 
those two carucates of land in the fee of Egilfeehan (Ecclefechan) of which he gave 
seizin to the said Sir Robert in the latter's ' plena curia ' at Drivisdale, on Thursday 
next after the feast of St. James the Apostle, a.d. 1249 ; together with the advowson 
of the church of Egilfeehan. Should he or his heirs ever question the grant, he binds 
himself and them in a penalty to Sir Robert de Brus of 1000^. ' sterelingorum,' and 
subjects them to the jurisdiction of the bishop of Glasgow, by excommunication, if 

1 Original writ in Duchy of Lancaster 2 Original charter in Duchy of Lancaster, 

Charters, Box 'A,' No. 127. Calendar of Cartae Miscell., vol. i. p. S2 ; Calendar of 

Documents relating to Scotland, by Joseph Documents relating to Scotland, by Joseph 

Bain, vol. i. p. 124. Bain, vol. i. p. 32G. 



1271.] ROBERT BRUCE, EARL OP CARRICK. 7 

necessary. Appends his seal. Witnesses — Sir Walter Oumyn, Earl of Manthet 
(Menteitli), Sir Alexander Cumin, Earl of Boehan, Sir John Cumin, Sir William de 
Cuningburht, Hugh de Maulverer, Humphry de Kirkepatrio, Gilbert de Joneston, 
Ivo de Jonesby, Richard de Crossebi, William de Boyville, William de Anand, clerk, 
and others. 



11. Charter by Eobert Bruce, Earl of Carrick, to Sir William of Carlyle, 
knight, of a piece of land in Newby. Post 127 1. 1 

Omnibus ad quos presens carta peruenerit, Robertus de Brus, Comes de Karrig et 
dominus Vallis Anandie, salutem in Domino. Noueritis nos dedisse, concessisse et per 
presentem cartam nostram confirraasse domino Willelmo de Karleolo, militi, et heredibus 
suis, ad incrementum terre sue de Kynemund, vnam petiam terre de communi pastura 
nostra tenementi nostri de Keuby : que quidetn petia terre incipit ad domum quam 
Malota tenuit, et se extendit ultra Litelsweit Mor extransuerso usque in Castelbec, et de 
Castelbec extransuerso usque ad Langgesweit Mos, extransuerso Batemanridding usque 
ad diuisim terre de Brakansweit et terre quam Hugo filius Laurencii tenuit, et sic decen- 
dendo per sepem usque ad domum quondam Johannis Bonde, et de domo ilia descendendo 
per sepem usque ad riuulum qui uocatur Gillemartinebec, et sic ascendendo sicut terra 
domini Willelmi de Karleolo se condonat vsque ad Mikelkeldwelle, et de Mikelkeldwelle 
ascendendo per le Morhuses usque ad le Holgate que est inter terrain de Morhuses et man- 
erium domini Willelmi de Karleolo de Kynemund : Tenendam et habendam totam predic- 
tam petiam terre dicto domino Willelmo de Karleolo et heredibus suis, de nobis et heredi- 
bus nostris, libere, quiete, pacifice, integre, bene et in pace, cum omnibus suis libertatibus, 
aisiamentis, ad dictam terram pertinentibus. Volumus etiam et per presentem cartam 
nostram concedimus pro nobis et heredibus nostris, quod dictus dominus Willelmus de 
Karleolo et heredes sui dictam petiam terre per suas rectas diuisas, ut supradictum est, 
possint per sepes et fossas claudere, assartare, edificare, pratum et terram arabilem hine 
inde facere, et in omnibus infra dictam petiam terre se approuiare, prout sibi et heredibus 
suis melius uiderit expedire. Et nos uero Robertus de Brus et heredes nostri totam 
predictam petiam terre cum omnibus suis libertatibus et aisiamentis suis, ut supra 
dictum est, predicto domino Willelmo de Karleolo et heredibus suis contra omnes 
homines et feminas 'warantizabimus, acquietabimus et imperpetuum defendemns. In 
cuius rei testimonium huic carte nostre sigillum nostrum apposuimus ; hiis testibus, 
dominis Rogero de Kirkepatrik, Thoma de Torthorald, Jacobo fratre suo, Hugone 

1 Original charter in Drumlanrig Charter-chest. 



8 ANNANDALE CHARTERS. [1318. 

Mauleuerer, Humfrido de Bosco, militibus, Willelmo de Gardino, Waltero de Corri, 
Nicholao de Corri, senescallo tunc temporis Vallis Anaudie, Waltero de Bosco et aliis. 



1 2. Charter by King Robert the Bruce to James, Lord of Douglas, Knight, 

of the lauds of Polmoody. 15th December [1318]. 1 

Robertus Dei gracia Bex Scottoram, omnibus probis hominibus tocius terre sue, 
salutem. Sciatis nos dedisse, concessisse et hac presenti carta nostra confirmasse 
dilecto et fideli nostro Jacobo, domino de Duglas, militi, totam terrain de Polbutthy, 
infra vallem de Moffet, per omnes rectas diuisas suas et metas : Tenendam et habendam 
prefato Jacobo et heredibus suis de nobis et heredibus nostris, in feodo et hereditate, 
libere et quiete, plenarie et honorifice, cum omnibus comoditatibus, libertatibus et 
aysiamentis ad dictam terrain pertinentibus seu aliquo hire pertinere valentibus in 
futurum : Reddendo inde nobis et heredibus nostris dictus Jacobus et heredes sui 
singulis annis duodecim sagittas latas pro omni alio seruicio, exaccione seu demanda. 
In cuius rei testimonium presenti carte nostre sigillum nostrum precepimus apponi ; 
testibus, Bernardo, abbate de Abirbrothoc, cancellario nostro, Tlioma Ranulphi, comite 
Morauie et domino Mannie, Gilberto de Haya, Roberto de Keth, Johanne Wischard et 
Fergusio Marescalli, militibus ; apud Abirbrothoc, quinto decimo die Decembris, anno 
regni nostri tercio decimo. 

13. Charter by King Robert the Bruce to Humphrey of Kirkpatrick, of the 

lands of Torthorwald. 1 Oth July [ 1 3 2 1 ]. 2 

Robebtus Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre sue, 
salutem. Sciatis nos dedisse, concessisse et hac presenti carta nostra confirmasse 
Vmfredo de Kirkepatrik, dilecto et fideli nostro, pro homagio et seruicio suo, totam 
terrain de Tkorthoralde cum pertinenciis, videlicet, totum dominicum, integraliter a 
communa cuiuscumque separatum, et totam villain de Thorthorahle integre, cum mul- 
turis et aliis pertinenciis suis quibuscumque, ac eciam terras trium husbaudorum ville 
de Roucan, videlicet, terrain Gilmorduf, terram Jobannis filii Culman, et terram 
Roberti Scot, vnacum multuris et molendino tocius ville de Roucan, cum libero introitu 
et exitu ad dictum molendinum : Tenendas et habendas eidem Vmfredo et heredibus 
suis, de nobis et heredibus nostris, in feodo et hereditate, per omnes rectas metas et 
diuisas suas, sine aliquo retinemento inperpetuum, libere, quiete, plenarie et honorifice, in 
boscis et planis, pratis, pascuis et pasturis, viis, semitis, rnoris, maresiis, aquis, stagnis, 

1 Original charter in Douglas Charter-chest. 

2 Original charter in Drumlanrig Charter-cheat. Seal wanting. 



1329.] THOMAS RANDOLPH, EARL OF MORAY. * 9 

viuariis, multuris, molendinis et eorum sequelis, vt predictum est, in aucupacionibus, 
piscacionibus, et venacionibus, in vnam liberam baroniam, cum furca et fossa, soe et 
sac, thol et theam, et infangandthef, et cum omnimodis aliis libertatibus, comoditati- 
bus, aisiameutis et iustis pertinenciis suis, in omnibus et per omnia, tarn non nominatis 
quam nominatis : Faciendo inde nobis et heredibus nostris, dictus Vmfredus et heredes 
sui seruicium vnius architenentis et tres sectas per annum ad curiam nostram vicecomi- 
tatus de Dunfres, ad tria placita capitalia singulis annis tenenda ibidem. Concessimus 
eciam eidem Vmfredo, vt ipse et heredes sui habeant, teneant et possideant omnes terras 
suas predictas cum pertinenciis in liberam warennam inperpetuum. Quare firmiter 
prohibemus ne quis in eisdem terris cum pertinenciis sine licencia ipsius Vmfredi aut 
heredum suorum speciali secet, aucupet aut venetur, aut in lacubus seu viuariis suis 
piscari presumat, super nostram plenariam forisfacturam. In cuius rei testimonium 
presenti carte nostre sigillum nostrum fecimus apponi ; testibus, venerabilibus [in 
Cristo pjatribus, Willelmo et Willelmo Sancti Andree et Dunkeldensis ecclesiarum Dei 
gracia episcopis, Bernardo abbate de Abirbrothok, cancellario nostro, Duncano comite 
de Fyf, Thoma Ranulphi [comite Morauie, dominjo vallis Annandie et Mannie, nepote 
nostro, Waltero Senescallo Scocie et Jacobo domino de Duglas, militibus ; apud 
Sconam decimo die Julii, anno regni nostri sexto decimo. 



14. Charter by Thomas Randolph, Earl of Moray, to William Carlyle, 
Laird or Los, for making a park in the lands of Newlands. Ante 1329. 1 

Omnibus hanc cartam visuris uel audituris, Thomas Ranulphi, comes Morauie, dominus 
vallis Anandie et Mannie, salutem in Domino [sejmpiternam. Noueritis nos dedisse, 
concessisse et hac presenti carta nostra confirmasse Willelmo de Carliolo, domino de 
Los, consanguineo nostro, licenciam specialem ad faciendum parcum de terris de 
Neulandys et de Dikys, et ad claudendum moram adiacentem usque ad Bochardbech, 
et sic descendendo ad aquam de Anand, excludendo viam vicinorum que ducit de 
villa de Los vsque villain de [torn] : Tenendum et habendum d[icto Willelmo de 
Carliolo et] heredibus suis de nobis et heredibus nostris, li[bere], quiete et pacifice 
inperpetuum. In cuius rei testimonium presenti carte [sigillurn] nostrum fecimus 
apponi ; testibus, Rogero de Kyrke[patrik], Willelmo de Gardino, Patricio de Carnoto, 
militibus, [torn] . . . Corry, Humfrido de Bosco et aliis. 

1 Original writ in Drumlanrig Charter-chest. Seal wanting. 



10 ANNANDALE CHARTERS. [1329. 

15. Charter by Thomas Randolph, Earl op Moray, Lord op Annandale and 
Man, to John of Carlyle, for inclosing and holding the park of Kinrnount 
in free warren. 29th March 1329. 1 

Omnibus hoc scriptum visuris vel audituris, Thomas Ranulphi, comes Morauie, dominus 
vallis Anandie et Mannie, salutem in domino sempiternam. Noueritis nos dedisse, 
concessisse et hac presenti carta nostra confirmasse Johanni de Carleolo, filio quondam 
domini Willelmi de Carleolo, licenciam specialem ad claudendum parcum de Kynne- 
moth sine saltu, et ad tenendum dictum parcum in liberam warennam per rectas 
diuisas in perpetuum : Tenendum et habendum dicto Johanni et heredibus suis de 
nobis et heredibus nostris, libere, quiete et pacifice, sine inpugnatione aut contradic- 
tione nostra vel heredum nostrorum, cum omnibus libertatibus, comoditatibus et 
asiamentis ad dictum parcum pertinentibus uel quoquomodo iuste pertinere valentibus. 
Quare firmiter prohibemus ne quis in eodem parco secet, aucupet aut venetur, sine licencia 
ipsius Johannis et heredum suorum speciali, super nostram plenariam forisfacturam. 
In cuius rei testimonium sigillum nostrum presenti carte est appensum, apud Logh- 
maban, vicesimo nono die rnensis Martii, anno gracie millesimo ccc? vicesimo nono j 
testibus, Rogero de Kilpatrich, Willelmo de Gardino et Humfrido de Bosco, militibus, 
Willelmo de Carleolo, Radulpho Frankys, Adam de Corry et multis aliis. 



16. Charter by John Graham, son of Sir John Graham, Knight, to Roger 
Kirkpatrick, Laird of Torthorwald, of an annual rent of 40s. from the 
lands of Over Dryfe. 5th January 1 355-6. 2 

Omnibus hoc scriptum visuris vel audituris, Johannes de Grame, filius et heres domini 
Johannis de Grame, militis, condam domini de Maskessewra, salutem in Domino 
sempiternam. Nouerit vniuersitas vestra me inpignorasse Rogero de Kyrkpatrik, 
domino de Torthoralde, totum annualem redditum meum quadraginta solidorum, qui 
uiichi de iure hereditario debetur de terra Superioris Drife, in tenemento de Hotoun infra 
wallem Anandie, pro ducentis libris sterlingorum bonorum et legalium ; quasquidem 
ducentas libras sterlingorum ego Johannes de Grame predictus a predicto Rogero in 
mea magna et vrgenti necessitate plenarie premanibus recepi ex mutuo : Tenendum et 
habendum totum annualem redditum predictum quadraginta solidorum, eidem Rogero, 
heredibus suis et suis assignatis, de me et heredibus meis, adeo libere et quiete, bene, 
integre, honorifice et in pace, sicut ego Johannes et antecessores mei predictum 
annualem redditum liberius, quiecius et honorifisencius aliquo tempore habuimus seu 

1 Original charter in Drumlaurig Charter-chest. Seal wanting. - Ibid. 



1357.] ROBERT, STEWARD OF SCOTLAND. 11 

quoquomodo habere potuimus, quousque ego Johannes pacauero, vel heredes inei 
pacauerint predicto Rogero vel heredibus suis vel suis assignatis ducentas libras sterling- 
orum bonorum et legalium integre et plenarie, de bonis nostris propriis vno die ante 
horam nonam, infra capellam de Kyrkbride in tenemento de Kyrkpatrik iuxta Moffet, 
infra wallem Anandie, coram sumnio altari super quodam viridi mantello, sine dolo et 
fraude. Preterea ego Johannes do et concedo pro me et heredibus meis prefato Rogero, 
heredibus suis et suis assignatis, totum annualem redditum predictum cum arreragiis 
inde michi debitis, de libero dono meo pro beneficiis suis michi sepius inpensis, sine 
allocacione seu compensacione aliqua mini seu heredibus meis facienda de dicto annuali 
redditu vel arreragiis medio tempore perceptis vel percipiendis in debito principali ; ita 
quod ego Johannes non potero, nee heredes mei, nee aliquis alius nomine nostro aliquid 
iuris vel clamii in dicto annuali redditu poterint exigere, quousque eidem Rogero vel 
heredibus suis vel suis assignatis de predictis ducentis libris sterlingorum, bonorum et 
legalium, vt predictum est, plenarie fuerit satisfactum. In cuius rei testimonium 
presenti scripto meo sigillum meuni apposui. [DJatum apud Carlauerocke, die Lune 
proxima ante festum Epiphanie Domini, anno Domini millesimo tricentesimo quin- 
quagesimo quinto ; hiis testibus, venerabilibus viris et religiosis dominis, Thoma et 
Waltero Dei paciencia de Dulci Oorde et de Sacro Nemore abbatibus, Johanne 
Senescalli, domino de Dalswyntoun, Thoma de Kyrkpatrick, domino de Kylosberne, 
Alano de Alayntoun et multis aliis. 1 

17. Confirmation by Robert, Steward of Scotland, as lieutenant of the king, of a 
gift by John of Corry to Roger of Kirkpatrick, of the lands of Wamphray 
and Dumcreth. 16th June 1357. 2 

Uniuersis ad quos presentes litere peruenerint, Robertus Senescallus Scocie, locum- 
tenens domini nostri regis, eternam in Domino salutem. Noueritis nos ratificasse, 
confirmasse et pro nobis et heredibus nostris penitus approbasse illarn donacionem 
quam Johannes de Corry, dominus eiusdem, fecit consanguineo nostro dilecto Rogero de 
Kirkpatrik de terris et dominio de Wenfray et de Dumcreth cum pertinenciis, infra 
vallem Anandie, vna cum aduocacione ecclesie de Wenfray : Tenendas et habendas 
prefato Rogero et heredibus suis et suis assignatis predictas terras cum pertinenciis, 
vna cum aduocacione ecclesie prenotate, in feodo et hereditate et libera warrenna, in 
omnibus et per omnia, vt carta sibi inde confecta plenius proportat et testatur. In 
cuius rei testimonium presentibus sigillum nostrum fecimus apponi, apud Perth, sexto 
decimo die mensis Junii, anno Domini millesimo ccc° quinquagesimo septimo. 

1 Seal attached in fair preservation. A shield bearing a saltire and on a chief three 
scallop shells. Legend, partly illegible, S. [Joh' G]eame dni de Maskesswra. 

2 Original writ in Drumlanrig Charter-chest. Seal wanting. 



12 ANNANDALE CHARTERS. [1408. 



1 8. Charter by Archibald, Earl op Douglas, to William Johnstone, of the 
lands of Drumgrey. 24th May 1408. 1 

Omnibus hanc cartam visuris vel audituris, Archebaldus comes de Douglas et dominus 
Galwidie, salutem in Domino sempiternam. Sciatis nos dedisse, concessisse et hac 
presente carta nostra confirmasse dilecto et speciali nostro, Willelmo de Jonystoun, pro 
suo fideli seruicio nobis impenso et impendendo, omnes et singulas terras nostras de 
Drumgrey cum pertinenciis, iacentes in baronia de Amisfelde infra vicecomitatum de 
Drumfrese : Tenendas et habendas omnes et singulas terras nostras predictas de Drum- 
grey cum pertinenciis predicto Willelmo et heredibus suis, de nobis et heredibus nostris, 
in feodo et hereditate imperpetuum, per omnes rectas metas et diuisas suas, in boscis, 
planis, moris, marresiis, viis, semitis, aquis, stagnis, pratis, pascuis et pasturis, molen- 
dinis, multuris et eorum sequelis, aucupacionibus, venacionibus, piscacionibus, turbariis, 
petariis, curiis et earum exitibus, cum libero introitu et exitu, ac cum omnibus aliis 
et singulis libertatibus, commoditatibus, aysiamentis ac iustis pertinenciis suis quibus- 
cunque, tarn non nominatis quam nominatis, tarn sub terra quam supra terram, tam 
prope quam procul, ad dictas terras cum pertinenciis spectantibus seu spectare valen- 
tibus in futurum, libere, quiete, plenarie, integre, honorifice, bene et in pace, in omnibus 
et per omnia : Eeddendo inde annuatim predictus Willelmus et heredes sui nobis et 
heredibus nostris vnam sectam curie ad capitale placitum tenendum apud Douglas 
proximum post festum sancti Michaelis archangeli, pro omni alio seruicio seculari, 
exactione vel demanda, que de dictis terris cum pertinenciis exigi poterunt uel requiri 
per nos uel heredes nostros quomodolibet in futurum : Et nos vero predictus Arche- 
baldus et heredes nostri predictas terras cum pertinenciis predicto Willelmo et heredibus 
suis contra omnes mortales warantizabimus, acquietabimus et imperpetuum defendemus : 
In cuius rei testimonium sigillum nostrum presentibus apponi fecimus, apud Edinburgh, 
vicesimo quarto die mensis Maii, anno Domini millesimo quadringentesimo octauo ; 
testibus, Jacobo de Douglas, fratre nostro carissimo, dominis Willelmo de Douglas de 
Nithisdale, nepote nostro, Jacobo de [Douglas, domino de Dalketh, Willelmo de Haya 
de Lochqhorwart, Willelmo de Borthuyk, Willelmo de Crawfurde, militibus, Magistris 
Alexandra de Carnis, preposito de Lyncloudane, Matheo de Geddes, rectore ecclesie de 
Foresta, Thoma Turnbule et Alexandra de Hume cum multis aliis. 2 

1 The original charter is in the Annandale quarterly, 1st and 4th, on a chief 3 stars, and 
Charter-chest, and all the other charters a heart in base ; 2 and 3, a lion rampant, 
printed are also there, unless where another crowned ; supporters two hairy savages, 
custody is specially mentioned. Legend, " Sigillum Aechebaldi comitis de 

2 Seal attached in good preservation. Arms Douglas et dni Gal wedie." 



1476.] WILLIAM, LORD CBJCHTON. 13 

1 9. Charter by William, Lord Crichton, to Gilbert of Oorry, of the lands 
of Torduff and Dalbank. 18th February 1449-50. 1 

Omnibus hanc cartam visuris vel audituris, Wilelmus dominus Creghtoun, eternam in 
Domino salutem. JSToueritis me dedisse, concessisse et hac presenti carta mea confir- 
masse dilecto meo Gilberto de Corry, filio naturali Jacobi de Corry, pro suo seruicio 
michi impenso et impendendo, terras de Tordoff et de Dalbank cum pertinenciis, 
iacentes in dominio de Anandirdale infra vicecomitatum de Dumfres : Tenendas et 
habendas supradictas terras de Tordoff et de Dalbank cum pertinenciis, et de me tan- 
quam domino tenementi de Carutheris et heredibus meis, prefato Gilberto de Corry et 
Elisabeth, sponse sue, filie Johannis de Carutheris de le Holmeendis, et eorum alteri 
diucius viuenti, et heredibus masculis inter ipsos legittime procreatis seu procreandis, 
quibus deficientibus michi et heredibus meis quibuscunque, in feodo et hereditate 
imperpetuum, per omnes rectas metas suas antiquas et diuisas, in boscis, planis, moris, 
rnarresiis, viis, semitis, aquis, stagnis, pratis, pascuis et pasturis, petariis, turbariis, 
carbonariis, lapide et calce, cum piscatura maris pertinente dictis terris de Tordoff, ac 
cum omnibus aliis et singulis libertatibus, commoditatibus et asiamentis ac iustis per- 
tinenciis suis quibuscunque, tarn non nominatis quam nominatis, ad dictas terras cum 
pertinenciis spectantibus, seu iuste spectare valentibus in futurum, libere, quiete, 
plenarie, integre, honorifice, bene et in pace, sine aliquo retinemento seu obstaculo 
quocunque : Faciendo annuatim dicti Gilbertus et Elisabeth, sponsa sua, et eorum alter 
diucius viuens, quibus deficientibus, heredes sui masculi supradicti, michi et heredibus 
meis seruicia de dictis terris debita et consueta : Eeseruato libero tenemento dictarum 
terrarum cum pertinenciis dicto Jacobo de Corry pro toto tempore vite sue. In cuius 
rei testimonium presenti carte mee sigillum meum est appensum ; testibus, carissimo 
filio meo, Jacobo domino Frendracht, milite, Alexandro de Name de Sandfurde, Eoberto 
de Ledale, magistro Georgeo Schoriswod, Jacobo Kerr et Adam Wawan, apud Streue- 
lyn, decimo octauo die mensis Februarii, anno Domini millesimo quadringentesimo 
quadragesimo nono. 2 

20. Letters by King James the Third to John Johnstone of that Ilk, and 
others, to defend Edward Livingstone of Bowcastell in his lands of Raehills 
and others. 26th October 1476. 3 

James, be the grace of God, King of Scottis, to oure louettis Schir Eobert of Crech- 

1 Original charter in Drumlanrig Charter- 2d and 3d, a saltire and chief. Legend, 
chest. " S. AVillielmi domini Crechton." 

2 Seal attached in fair preservation. On a 3 From Minutes of Evidence in Annandale 
shield, quarterly, 1st and 4th, a lion rampant ; Peerage Claim, 1876, p. 31. 



14 ANNANDALE CHARTERS. [1476. 

toune of Sanquhar, kuicht, Johne of Johnneston of that Ilk, Archibald of Carrutheris 
of Mouswald, and Cuthbert of Murray of Cokpule, our schirefis in that part, coniunctly 
and seueraly, specialy constitute, greting. Forsamekill as it is hevily menit to ws be 
oure louit Edward of Levingistoun of Bowcastell, that quhar he has bene and is in 
lauchfull possessioun of the landis of Monygep, Crunzeantoun, Molyne and Eahill, with 
thair pertenence, Hand within our schirefdome of Drumfres, thir xxii yeris bigain sen 
the deces of his bruder, oure cousing William, Lord Crechtoun, neuertheles schapis to 
vex, inquiete and distmble the said Edward and his tennandis of the said landis in the 
brouking and joising of thaim, and als schapis to rais and tak vp the malis thairof of 
this next terme of Martimes, be quhat rycht or colour of rycht he knawis nocht, in 
gret preiudice, hurt and scaith of him and incontrar of law and justice; considering that 
he wes neuer callit nor journait be our said cousing vppon the rycht of the said landis 
befor ws and our counsale, his juge ordiner, nor vtheris as he allegis : Oure will is 
herfor, and we charge yow straitly and commandis, that ye in oure name and autorite 
kepe, mantene, supple and defend the said Edward and his tennandis of the said landis 
vnvexit, vnharmit and vndistrublit in the joising and brouking of the samen be our 
said cousing or ony vtheris his complices, bot as law will, charge . . . tennandis that 
thai, and ilkain of thaim redyly ansuer, intend and obeye in the payment of thair 
mailis . . . iteis of the said landis of the terme of Mertimes forsaid, and all vtheris 
termes to cum, to the said Edward and nane vtheris, ay and quhyl he be lauchfully 
put fra his possessioun of the said landis, and thai lauchfully won and recouerit fra 
him as law will, nochtwithstanding ony vtheris our lettres past in the contrare of before, 
vnder all the hiest pain and charge that efter may folou. And this ye do vnder the 
pain and charge forsaidis : The quhilk to do we commit to you and ilkain of you 
coniunctly and seuerali our full pover be thir oure lettres. Gevin vnder our signet at 
Edinburgh, the xxvi day of October, and of our regnne the xvii yere. 

Per supremum dominum nostrum regem, 
Scheuez. 
James R. 



21. Peecept of Sasine by John Johnstone of that Ilk in favour of John John- 
stone, his son, in the five-merklands of Wamphray. 22d November 1476. 1 

Johannes Johnnestoune de eodem delectis meis Archbaldo Johnnestoune, fratri meo, 
Rollando Kerssane, Johanni Charteris et Dauid Gibsone, balliuis meis in hac parti 
specialiter deputatis, salutem. Quia dedi, concessi et hereditarie alienaui delecto filio 

1 From Minutes of Evidence in Annandale Peerage Claim, 1876, p. 90. 



1526.] JOHN JOHNSTONE OF THAT ILK. 15 

meo, Johanni Johnestoune, procreato inter me et Janetam r Heris, totas et integras 
quinque mercatas terrarum mearum de Wamfray cum pertinenciis, jacentes in dicto 
tenemento infra senescallatum vallis Anandie et vicecomitatum de Drumfres, pro suo 
seruicio michi impenso et impendendo, prout in carta mea sibi exinde confecta plenius 
continetur : Vobis igitur et vestrum cuilibet, coniunctim et diuisim, mando firmiter et 
precipio, quatenus dicto Johanni Johnnestoun, filio meo, vel suo certo actornato, latori 
presencium, saisinam, possessionem et statum hereditarium predictarum terrarum 
mearum de Wamfray cum pertinenciis, secundum tenorem carte predicte, visis presenti- 
bus, iuste habere faciatis seu alter vestrum juste faciat habere sine dilatione : Ad quod 
faciendum vobis et vestrum cuilibet, conjunctim et divisim, meam plenariam et liberam 
potestatem ac mandatum speciale committo presencium sub tenore. Datum sub 
sigillo meo, apud Lochwod, xxij die mensis Nouembris, anno Domini millesimo quadrin- 
gentesimo septuagesimo sexto. 



22. Deceee of the Lords Auditors against Adam Johnstone, brother and heir of 
John Johnstone of that Ilk, in favour of Marion Liddle. 1 3th February 
1489-90. 1 

[1489] xiij Februarii sederunt domini auditores. . . . 

Post meridiem sederunt domini auditores. . . . 
The lordis auditouris decrettis and deliueris that Adam of Johnnestoune of that like, 
brother and are to vmquhile Johnne of Johnnestoune of that like, sail content and pay 
to Marioune Liddale, the spous and executrix of vmquhile Schir Patrik Baroune, 
knycht, a sek of woll of xxiij stane wecht sufficient merchand ware, aucht to the said 
vmquhile Patrik, be the said vmquhile Johnne of Johnestoune, likas wes prefit be the 
said vmquhile Johnis obligacioune vnder his sele, schewin and producit before the 
lordis ; and ordinis our souerane lordis letterz be direct to distrenze the said Adam 
his landis and gudis thairfore. And the said Adam wes summond to this actioune, oft 
tymmis callit and not comperit. 



23. Bond op Maintenance by John Johnstone of that Ilk to Robert Grahame 
of Thornick. 16th December 1526. 

Be it kend till all men be thir present letters, me, Johne Johnstoun of that Ilk, to 
be bundin and oblist, and be thir present letters and the faith and treuth in my body, 
lelely and treuly bindis and oblissis me and my ayris to ane worschipfull man, Robert 

1 From Minutes of Evidence in Annandale Peerage Claim, 1876, p. 34. 



16 ANNANDALE CHARTERS. [1526. 

Grahame of Thornhuke, and to his ayris. Forsamekle as the said Robert is becummyn 
my man, and has bundin him and his ayris in speciale manred and seruice to me and 
my ayris perpetualy for euir in tyme to cum, as his letters of manred maid to me 
under his sele proportis ; herfore I, the said Johne Johnstoun of that Ilk, bindis and 
oblissis me faithfully, be the ten our of thir present, and myn ayris, to be gud masteris to 
the saidis Eobert Grahame of Thornhuke and to his ayris perpetualy for euir in tyme 
to cum : And I, the said Johne Johnstoun of that Ilk, and my ayris, sal wyth our 
kin, frendis, men and seruandis, help, supple, manteine and defend the saidis Robert 
Grahame of Thornhuke and his ayris, our men and thar kin, frendis dependand on 
thame, and thar men and seruandis, in all and sindry thar actionis, causis and querelis, 
honest and lefull, inovit and to be movit aganis quhatsumeuir persouns at all our gudly 
pover perpetualy for euir in tyme to cum, as gud mastir aw to doo to his man, and as 
I the said Johne, and my ayris will doo to our mast speciale men in siclik thingis 
quhen I or thai salbe requirit tharto, but fraud or gyle. And gif the said Robert or 
his ayris askis me or my ayris ony counsale, I and my ayris sal gif him and his ayris 
the best and trevast we can, and sal concele and kepe secrete thar counsale schavin 
to ws. And for the fulfilling and keping of this present band of supple, manteinance 
and defens, in forme abone writtin, I, the said Johne Johnstoun of that Ilk, bindis and 
oblissis me and my ayris to the said Robert Grahame of Thornhuke, and to his ayris, 
in the mast sekir forme and stratast stile of obligatioun that can be maid or diuisit, all 
cauillation, fraud and gyle secludit and avay putt. In witness of the quhilk thing, to 
thir present letters my sele is hungin, at Drumfres, the xvj day of the moneth of 
December, in the yere of God I m v c tuenty and sex yeris. And maratour thir thengis 
forsaide, I, the saide Johne of Johnestoun of that Ilk, bindis and oblises me, my airis 
and sucsessores, to pay yerly, and yere by yere, to the saide Robene the Grahame, to 
him, his airis and sucsessores, the sowme of xx merkis of gud and vsuall monie of 
Scotland, at twa termes in the yere, Witsonda and Mertymes in wenter. In witnes 
of all thir premessis, I, the said Johne haif put my seill to thir presens, daye, yere 
and plase fornamet, befor thir witnes, Gawane of Johnestoun in the Kirktoun, Harbert 
his bruthir, and Schir David Aikynhed, with wther diuers. 

24. Resignation by Archibald Johnstone, son of Gavin Johnstone of 
Elshieshiels to John Johnstone of that Ilk, of the lands of Greskine and 
Mellingshaw. 10th March 1527-8.1 

Be it kenyt tyll all men be their present vrytenis, I, Archibald Johnestone, lawfull 

and naterall sowne to Gawyne Johnestone of Acscheselis, nodair be stryft nor dredur 

1 From Minutes of Evidence in Annandale Peerage Claim, 1876, p. 1170. 



1529.] JOHN JOHNSTONE OF THAT ILK. 17 

laid, be falsat cireumvenit, not coackit nor compellit, bot of my awyne fre motyf will, 
my vtilite and profet all wayis beand consideret, to haif sauld and analyt, and alse 
puirly and semple has resygnit and owrgewyne fra me, my aris, exsecutoris and assyng- 
naris, to ane honorabill man, Johne Johnestone of that Ilk, my cheyf, his aris, exeeutoris 
and assingnaris, all my rycht, tityll of rycht, clame, clames, tak, assedatioun and 
possessioun that I haif, had, or ony vayis in tymes cumin may clayme or haif in and 
to the fyif ma[r]kland of Graskyne and Malynschaw, with tkair pertenentis, pertenand 
to my Lord Heres heritabill, lyand within the stewarte of Anardaill and schirefdome 
of Dumfraice, withoutyne impediment, contradictiovm or obstakill of quhatsumewyr of 
me or ony vther in my nayme, and that for cartane sowme of money promittit and 
thankfully payit to me be the said Johne Johnestone of that Ilk ; of the quhilk sowme 
I exonur, quytelemis and dischargis hyme, his aris, exeeutoris and assyngnaris thairof 
for now and ewyr, be the tenor of thir presens. In witnes of the quhilk thyng I haif 
subseribit this my littyr of alenacioun with my hand at the pen, at the Mylhowis, the 
x day of Marcht, the yeir of God ane thowsand fyif vndyr xxvij yeris, befor thir witnes, 
Schir Steyne Garden, persone of Apillgartht, Willyem Johnestone of Fuldrus, Schir 
Edward Johnestone, Adam Johnestone of Mofat, with vdarris dyuers. 

Aechebald Johnestone, w* my hand. 



25. Bond of Maneent by John Johnstone of that Ilk to Robert, Lokd Maxwell. 

11th February 1528-9. 1 

Be it kend to all men be thir present letters, me, Johne Johnstoun of that Ilk, to be 
bundin and oblist, and be thir present letters, the faith and treuth in my body, lelely 
and trewlie bindis and oblissis me in manrent and seruice to ane nobill and miehty 
lord, Robert, Lord Maxwell, for all the dais of my life ; that forsamekill as the said 
lord hes oblist him to supple, mauteine and defend me in the peciabill brouking and 
joising of all my landis, rentis, heretageis, takkis, steddingis, rolmis, possessionis, and 
to tak my afald, lele and trew part in all my glide aotionis, caussis and querelis, 
lefull and honest, aganis al deidlie, his allegeance to our souerane lord the king 
alanerlie excepit, as at mare lentil is contenit in his letters of manteinance maid to me 
thairupoun ; tharfor I sail nowther wit, se, heir nor knaw my said lord and maisteris 
harme, skaith, danger nor apperand perrell, bot I sail warne him thairof alssone as I 
may gudelie, and stop and lat it al my power, and sail conceill the counsale he schawis 
to me, and gif to him the best counsale I can quhen he requiris me thairto, and sail 
ride and gang with my said lord and maister and for him, and tak his afald, leill and 

1 From Minutes of Evidence in Annandale Peerage Claim (1876), p. 39. 

C 



18 ANNANDALE CHARTERS. [1528-9. 

trew part in all his gude actionis, caussis and querelis, lefull and . . . aganis all that 
levis and dee may, my alle ... to our souerane lord the king alanerlie exceptit, and 
he ... d and oblissis me faithfullie for all ... of my life in the maist strat forme 
and sicker stile . . . that can be diuisit, but fraude or gile. ... of the qukilk thing 
to thir my letters of manrent subscr . . . nd my seill is affixt at Lochmeban, the 
xi . . . ebruar, the yere of God I m v c xxviij yeris, befor ... Sir Alexander Jarding of 
Appil . . . knycht, Schir Eobert Grahame, persone of Hodden, . . . chmerton 
[? Johnstoun] in Powdene, and James . . . stune in Cotis, Gawane Johnstone in Harbet 
. . . anys, with wytheris diverse. Johne Johnestoun of y* Ilk, 

wy* my hand at pen. 



26. Componitue for a Kemission to John Johnstone of that Ilk for remaining from 
the host at Solway. 10th November 1529. 

Componitue pro remissione cum Johanne Johnistoune de eodem, infra senescallatum 
vallis Anandie commorante, pro eius proditoria remanentia ab exercitu regis de Sulway 
ac aliis supremi domini nostri regis exercitibus quibuscunique, suas contra proclamationes 
desuper confectas, et pro omnibus actione et crimine que ei inde quouismodo imputari 
poterit ; necnon pro omnibus aliis actionibus, transgressionibus, criminibus et offensis 
quibuscumque, per dictum Johannem aliquibus temporibus elapsis ante diem date 
presentium commissis seu quomodolibet perpetratis, dummodo non sit sub penis nee 
amerchiatus, proditoria traditione in personam regiam tantum excepta. Subscriptum 
per dominos compositores apud Drumfires, decimo die mensis Nouembris, anno Domini 
jm v c xx ; x 2 Candide Case. 

D. de Ab'beothok. 

Jhon Loed Eeskin. 

Ja. Coluil. 

R Thes 
Chesolme, etc. 



27. Constitutions of the Justice Eyee of Dumfeies. 12th April 1540. [Copy.] 

Thie ar the ordinance and constitutionis maid in the iustice air of Drumfreiss and 
Stewartrye of Annanderdaill, haldin and begun at Drumfreiss, the xij daye of Aprile, 
the yeire of God I m v c fourty yeiris, for the stancheing of thift, reif, murthure, 
slauchteir, and vthairis crymes in tyme cuming, and for gude rewle to be keppit amang 
all oure souerane lordis liegis, and speciale the inhabitantis of Annandirdaill, Eskdaill, 



1540.] JUSTICE EYRE OP DUMFRIES. 19 

Ewisdaill and Wauchopdaill, maid and divisit by me lord iustice and vthairis being 
with him, be speciale commissioun and charge of oure said souerane lord for halding of 
the said air, and with consent and assent of Robert, Lord Maxvell, Williame, Lord 
Hereis, and vthirris lordis, barronis and vthirris gentilmen, havand landis, rowmes 
and baillieries within the saidis cuntreis of Annanderdaill, Eskdaill, Ewisdaill and 
Wauchopdaill, and quha hes subscriuit thir presentis with thair handis. 

In the first, it is statute and ordanit be my said lord iustice and vthirris being 
with him for halding of the said air, and with the consent and assent of Robert, Lord 
Maxveill, stewart of Annanderdaill, greit wardane of the West Blarchis foranentis Ing- 
land, and als havand of oure souerane lord the rewle, cure and gyding of Eskdaill, 
Ewisdaill and Wauchopdaill, Willieame, Lord Herreis, and vthirris lordis, lardis, 
baronis and gentilmen, that hes subscriuit heirefter thair names, for thame selffis, 
thair landis and rewmes and bailliereis, Hand within the foirsaid cuntreis, as efter 
followis, that is to saye : — Forsamekle as oure said souerane lord of his speciale grace 
and fauouris hes granttit and gevin full pardoun and remissioun to all the inhabitantis 
of the saidis cuntreis of Annandirdaill, Eskdaill, Ewisdaill and Wauchopedaill, that ar 
cumin and gottin thair componitouris for all cryme, transgressionis and offensis, done 
and committit be thame befoir the begynning of this instant air of Drumfreis, befoir the 
daittis of the saidis componitouris and remissionis, as in the samnien maner (sic) speciale 
. is contenit ; swa that all the saidis inhabitantis may perfitlie knaw and vnderstand the 
last pietie, mercie and clemence, that oure said souerane lord beris towart thame, and 
that thai maye be his gratious trew liegis in all tymes cuming, and leif at his hienes 
lawis and obeysance as vthairris trew liegis dois, and nocht to commit in tyme cuming 
ony enorme fait or offence as thai haue done in tymes bigane : And als all the saidis 
inhabitantis being accusit in iugement and takand thame to componitouris for oure said 
souerane lordis pardoun and remissioun granttit and gevin to thame and vsit be thame 
in the said air, at the interrogatioun of my said lord iustice, planelie and at lenth schewit 
and exponit be the iustice clerk, promittit be the extentioun and vphalding of thair 
rycht handis to leif in all tymes cuming as oure souerane lordis trew liegis, and to be 
obedient to his lawis, and neuir to commit ony cryme or offenssis aganis his maiestie, 
his realme nor liegis, sic as tressoun, thift, resset of thift, murthur, slauchter, reif, 
fyir ras[ing] and vthairis siclike enorme and obhominable crymes : And geif [it hapjpin 
thame to commit ony siclike, thai to be realy pvnist thairfoir according] to thair 
demeretis and lawis of this realme. Quhairfoir the saidis lordis, lairdis, baronis, landit 
men and gentilmen, hes bunding and oblist thame and ilk ane of thame, for the eise, 
rest and tranquilitie of realme and of all our souerane lordis liegis, that gif ony man 
duelland or salhappin to d[uell] one thair landis, rowmes or bailliereis, quhairof thai 
bere cure, happinnis to c[ommit] in ony tymes to cum ony sic crymes, transgressionis, 



20 ANNANDALE CHARTERS. [1540. 

as is abone writtin, thai [sail] incontinent tak and pvnis the saidis trespassouris accord- 
ing to the lawis of [this] realnie and thair demeretis, sa far as thai may be wirtew of 
thair iurisdict[ionis] ; and gif the saidis trespas and demeretis beis of sic nature and 
kynde that the saidis lordis, lardis, landit men and bailliereis may [nocht] hald courte 
thairupoun, thai sail incontinent with all deligence tak . . . present and deliver the 
saidis trespassouris to the stewart and wardane, to be ... be his power and iurisdic- 
tioun, or vtherwayis be the kingis graces iustice ; and gif the saidis lordis, lardis, 
barronis and vthir landit men be nocht of power to [tak] and apprehend the saidis 
trespassouris, thai sail cum or send to the said wardane and his deputis, gif he be 
nocht present in the cuntre for the tyme, and desyre and require thame in oure said 
souerane lordis name to pas, and thair help and supple to the taking and apprehending 
of the saidis trespassouris in nianer foirsaid ; and gif it sal happin thame to be 
fugitiue, the said stewert and wardane, lardis, lordis, barronis and vthir landit men, sail 
persew thame to the vtirmest, and escheit all thair movable guidis, the twa parte to 
the kingis grace; willing the lordis of the grand, to dispone vpoun thair takkis and sted- 
ingis at thair plesour, and sail remoif the saidis trespassouris, thair viffis and barnis, fra 
the saidis stedingis, and sail nocht thole thame to returne nor entir thairto agane, nor 
yit to jois nor bruke the samin ony nianer of way : And gif the said stewert, wardane, 
lordis, lardis, barronis or vthir landit men or gentill men that hes heir subscriuit be 
fundin negligent and nocht doand thair vtir diligence in the obseruing and kepiug of 
[t]his present and constitutioim, thai salbe callit and pvDist thairfoir at the kingis grace 
will and plesour. 

Item, gif it beis thocht expedient to the parti that sail happin to be offendit, hurt 
or skaithit in ony maner of way be the committaris of ony crymes, trespassis and 
offensis foirsaidis, that the lord, barroun or vthir landit men or gentilmen on quais 
landis, rowmes and bailliereis, the saidis trespassouris duelland or salhappin to duell 
the tyme of the committing of ony of the saidis crymes, to be sa suspect that thai feir 
and dreidis that thai sail nocht nor may nocht minister thame iustice, thai sail pas to 
the stewert and wardane and schaw to him thair complanttis, and he sail incontinent 
send to the lord and lard of the grand or baillie vnder quhame the saidis trespassouris 
duellis or sail happin to duell, [and d]esyre [tham]e to [send the] saidis [tres]passouris 
to him ; and gif the lord, lard, barroun or landit men refusis or postponis in ony 
maner of way to send the saidis trespassouris, the said stewert and wardane sail pas 
himself, tak and apprehend thame, quhair euir thai may be apprehendit, and iustify 
thame be his power and aucttorite in sa far as he may ; and gif he may nocht for lak 
of jurisdictioun, he sail send thame to the kingis grace Justace and his deputis, to be 
jugeit and accusit be thame as accordis of the law : And gif the said stewert and wardane 
obtenis ane commissioun of justiciarie to the effect foirsaid, he sail vse the samin vpoun 



1540.] JUSTICE EYRE OF DUMFRIES. 21 

the said trespassouris and pvniss thame according to thair demeretis ; and gif the said 
wardane and stewer[t] and the saidis lordis, lardis and wthiris landit men and gentil- 
men, wndir quais jurisdictioun, vpoun thair landis, rowmes and bailliereis the saidis 
trespassouris duellis, beis remiss and executis nocht justice as saidis, thai salbe balding 
to refoynd, content and pay to the persoun or personis compleand thair heill skaith, 
dampnage and interess, and sail answer to the kingis grace vpone their negligance and 
deferring to do iustice vpoun thair vtirmest chawange. 

Item, gif ony lord, barroun, landit man or gentilmen happinnis in tyme cuming to 
laubour or solist for ane theif or ressettair of th[ift], or to procure or defend him in 
ony maner of way, he salbe haldiu and repute as infame and schamyt and culpable 
of that thevis deid, if it salhappin him to be convict. 

Item, the said Robert, Lord Maxvell, stewert and wardane foirsaid, hes faithfullie 
promittit in presens of my lord iustice and lordis foirsaidis, sittand in iugement, that 
gif ony personis duelland within the boundis that he hes cure, rewle and gyding of 
vndir the kingis grace, that [is to] say, Annandirdaill, Eskdaill, Ewisdaill and 
Wauchopdaill, committis or salhappin to commit in ony tyme cuming sic crymes, 
trespassis and offences as is abonewrittin, he sail with all rigour justify the personis 
committ[aris] thairof to the vtirmest poynt, as the lawis of the realme requiris, as he 
hes or salhappin to haue auctorite of the kingis grace thairto, without fauour or delay, 
as he sail answer to the kingis grace thairupoun. 

Item, it is deuisit, statute and ordanit, with the auise, consent and assent of the 
said Lord Maxwell, that frathinfurth for the spece of ane yeir he sail hald at the 
begynning of ilk moneth his stewart court of Annandirdaill, and sail inquire at euery 
court be the maist famouss and honest men out throw the stewartrie, gif thair be ony 
personis, thevis or resettaris of thevis in thair thifteous deidis, sen the ending of this 
instant air and getting of thair pardoun and remissioun, and as sic personis beis 
fund in and nottit suspect of thift or resset of thift, he sail pvniss thame conforme to 
the lawis of this realme in maner abonewritten ; and sail siclike hald courtis for 
Eskdall, Ewisdaill and "Wauchopdaill, and als his wardane courttis, swa that the 
inhabitantis of the saidis cuntreis may be brocht in vse to ken and knaw the ordoure 
of iustice and to leif thaireftir ; and sail siclike, in all vthiris yeiris to cum, hald the 
saidis courttis to the effect abone writtin alsoft as he sail thinkis expedient. 

Heir followis the subscriptionis of the lordis and barronis of Nythisdaill and 
Annandirdaill, that ar to saye, &c. 



22 ANNANDALE CHARTERS. [1542-3. 



28. Obligation by Robert Moubray of Barnbougle and others to indemnify John 
Johnstone of that Ilk for the ransom of Henry Stewart of Eosyth. 4th 
January 1542-3. 

Be it kend till all men be thir present letters, ws, Eobert Mowbray of Barnebowgall, 
Bobert Orrok of that ilk, and Johne Halkat of Petfirrane, to be bundin and oblist, and 
be the tenour heirof bindis and oblissis ws, our airis, exeeutouris and assignais, till ane 
honorabill man, Johne Johnestoun of that ilk : Forsainekill as ane honorabill man and 
our cousing, Henry Stewart of Bossytht, was takyn at ane raid callit the raid of the 
Solane Mos, and withhaldin be his takar or takaris in the partis of Yngland, and as 
yit remanis vnredemit ; and because the said Johne Johnestoun of that ilk hes promittit 
to do his exact diligence for redemyng of the said Henry, thairfor and for that caus 
we obliss ws be thir presentis, our airis, exeeutouris and assignais, that quhat tyme 
or how sone the said Henry be redemit be the said Johne Johnestoun of that ilk and 
frelie fred be him fra his takar or takaris, or vtheris in quhais handis the said Henry 
is, and frelie deliuerit within the realrne of Scotland to his awin fredome and liberalise, 
that than and within the space of nixt thaireftir, we sail refound, content 

and pay to the said Johne Johnestoun of that ilk all and quhatsumeuir soum the said 
Johne Johnestoun of that ilk happynnis to pay for the said Henryis redemptioun, 
lowsing and ransone ; prouiding allwayis that the expres consent of the said Henry 
be obtenit, had and gottin to the making of his said ransoun vndir his awin subscrip- 
tioun manuall, swa that we may perfitelie vndirstand that his ransone is or salbe maid 
be his awin expres consent and assent. In witnes of the quhilk thing we haue 
subscriuit thir presentis with our handis, at Edinburgh, the ferd day of Januar, the 
yeir of God I m v c forty-tua yeiris, befor thir vitnes, Petir Hakheid, Andro Dury, 
Thomas Cravfurd, John Talzeour, Villiam Orrok, with vthiris diueris. 

Bobart Mowbray of Barnebowall 
Jhone Hakiieid of Pytfirran. 
Bobert Orrok of y* Ilk w* my hand. 



29. Indenture between John Johnstone of that Ilk and James Douglas of 
Drumlanrig, for mutual defence, &c. 19th January 1542-3. 

Thir indentouris maid at Edinburgh, the xix day of Januare, the yeir of God 
jm v c xijj yeiris, proportis and beris witnessing in the self, that it is appointit, aggreit 
and concordit betuix honorable men, that is to say, James Douglas of Drumlangrik, 



1543.] JOHN JOHNSTONE OF THAT ILK. 23 

on that ane parte, and Johnne Johnnstoun of that ilk, on that vthir parte, in nianer, 
forme and effect as eftir followis ; that is to say, athir of the saidis partiis ar faithfullie 
bundin, oblist and sworne to vthiris in the sickarest forme that can be devisit, the haly 
evangelis tuichit, that ilk ane of tkanie sail in tymes cuming induring thair lyfetymis 
keip ane leill, trew and afald parte to vthiris, and defend vthiris at thair vtir power, 
and sail nowther see, heir nor wit vtheris skaithis bot sail aduertise vtheris therofe, 
and stop and let the samin sa fer as thai may at thair power, and tak vthiris plane 
partiis, ryde and g[ang with] vtheris in all thair lefull materis, erandis and besines, 
aganis all maner of persounis, oure souerane lady the qu[enis grace, the erle of Arr]ane, 
hir tutour and governour, and Eobert, Lord Maxwell, alanerlie exceptit ; and 
att[our ilk ane] of the s[aidis] partiis oblissis thame, as said is, to vthiris, that nane 
of thame sail tak vthiris steidingis or rowmes, [nor] thair kynnismennis nor freyndis 
rowmes, possessiouns or steidingis, bot sail defend vthiris at thair vttir power, as said 
is. And for the obseruing, keiping and fulfilling of the premissis, baith the saidis 
partiis ar bundin, oblist and sworne to vthiris in maner forsaid ; and this parte of this 
present indenture with the said James Douglas to remane, the said Johnne Johnnstoun 
hes seilit and subscriuit with his hand, at the place, day and yeir abone writtin, before 
thir witnes, Andro Johnston off Elphinstoun, John Litill and Maister Thomas Mariori- 
banks, vith vtheris diuers. 




30. Bond of Maneent by Nicol Geahame of Meskeswaye to John Johnstone of 

that Ilk. 8th May 1543. 

Be it kend till all men be thir present letteris, me, Nichol Grahame of Meskeswaye, 
to be bound and oblist, and be the tenour of thir presentis bindis and obleces me in 
manretht faythtfullie to ane honorable man, Jhone Jhonstoun of that Ilk, to be 
faythtfull, leil and trew to him, and to mak him leil and trew seruice faythtfullie, and 
to tak his leil, trew and afald part with my kyne, freyndis, parttakcaris, and thai that 
will do for me, in all and syndry his materis, actionis, querelis quhatsumevir, als oft as 



24 ANNANDALE CHARTERS. [1543. 

the said J hone requiris me thairto, and sal gif him the best consell I can, and conseill 
the samin, and sail noeht hyd nor consell fra him his hurt, skaytht nor damnage, bot 
sail stop and resist to all sic thingis at my power ; and sail tak his trew and afald 
part agane all that de and leif maye, excepand my allegens to our souerane lady the 
quenis grace, gouernour, and my ourlord, for all the dais and space of his lif and 
myne, to be obseruit and keipit in the maist sickir forme and stille of obligatioun that 
can be deuisit, and onder the pane of periure, menswering, defamatioun and nevir to haue 
lawte nor credens in tyme cumin, and na remeid of law, canuoun nor ciuil, to be proponit 
in the contrar of thir premissis. In vitnes of the quhilk thing I haue affixit my seil to 
thir presentis, with my subscriptioun with my hand led at the pen be the notar onder 
writting, at Hawik, the aucht daye of Maii, the yeir of God ane thousand v c and 
fourty thre yeris, befoir thir vitnes, Jhon Scot in Thirlstane, Eobert Scot, his sone, 
Hector Scot, Schir Jhone Scot and Dauid Mayne, notaris publik, with wderis diuers. 1 

Nicholl the Geame, wy* my hand le at the pene wy' Schir Johne Scot, notar 
publice, of my command. Ita est lit supra, Johannes Scot, notarius 
publicus, many propria. 



31. Chaege by Queen Maey to all the surname of Johnstone, to assist the Laird 
of Johnstone in service on the Borders. 19th October 1554. 

Maeie, be the grace of God Quene of Scottis, to oure scheref of Drumfreis, stewart 
of Annanderdaill, and thair deputis, and to our louittis 

messingeris, oure schereffis in that pairt, coniunctlie and seueralie, 
specialie constitute, greting. Forsamekle as oure deirest moder, Marie, quene dowreare 
and regent of oure realme, hes put Johne Johnestoun of that Ilk to liberte and fredome 
furth of waird of oure castell of Edinburgh, to the effect that he sail, betuix and the 
fiftene day of Nouember nixt to cum, bring and entir pleges of certane of his surename, 
sik as is gevin to him in bill, for keping of glide rewll in tyme to cum, and als to restoir 
and deliuer agane all gudis thiftuouslie stowin and wranguslie takin fra the inhabitants 
of the cuntre be the saidis personis sen the tent day of Aprile last bipast, like as in the 
actis maid thairupone at mair lenth is contenit : And to the effect that he may the 
mair esalie performe the said appointment, it is necessar that his haill surename and 
vthiris duelland vndir thame within thair boundis, takkis, stedingis, baillieries and 
possessionis, concur and assist vnto him in the premisses : Oure will is heirfoir, and we 
charge yow straitlie and commandis, that incontinent thir oure letters sene, ye pas and 
in our name and autorite command and charge all and sindry the said Johne Johne- 

1 Portion of seal still affixed, showing a fess between three scallop shells (?), two and one. 



1555.] OBLIGATION BY JOHNSTONES, GBAHAMES, ETC. 25 

stonis surename and freindis, and vtheris duelland vndir thame vpone thair landis, 
takkis, bailliereis, rowmes and possessionis, personalie gif thai can be apprehendit, or 
vthirwayis be oppin proelamatioun at the market croce of oure burgh of Drumfreis, as 
the said Johne best plesis, to concur and assist with the said Johnne in the taking 
and apprehending of the personis that beis inobedient and refusis to gif plegis, gif neid 
be ; and to ryse with him to all frayis and radis, baith on fute and on horse, as thai 
salbe chargit thairto, vndir the pane of tinsale of lyfe, landis and gudis ; with eertifica- 
tioun to quhatsumeuir persone or personis that concurris nocht to the effect forsaid with 
the said Johne, that thai salbe callit to particulare diettis and iustice courtis, and 
punist thairfoir in personis and gudis, and that ane half of thair gudis that beis convict 
salbe inbrocht to oure vse, and that vthir to the said Johne for his laubouris ; and that 
thai concur with the said Johne in all seruice of the wardane as thai salbe chargit 
vndir the pane forsaid, as ye will ansuer to ws thairupone. The quhilk to do we 
commit to yow, coniunctlie and seueralie our full power be thir oure letters, deliuering 
thame be yow deulie execute and indorsate agane to the berare. Gevin vndir oure 
signet at Edinburght, the xix day of October, and of oure regnne the tuelft yeir. 

Per dominos secreti consilii, etc. 

32. Obligation by the Johnstones, Grahahes, and others, to the Laird of 
Johnstone, for the preservation of order. 14th November 1555. 

Be it kend till all men be thir present writtingis, ws, Johnnstonis ondervritting : 
Forsamekle as our souerane lady, the quenis grace, hes our plageis in syndrie castellis 
for guid reule to be keipit in the cuutre, quhilk is tedius and veray sumptuous to ws, 
and maye nocht guidlie susteine the expense thairof ; desirand the lard of Johnnstoun that 
ye vald fynd ws sum remedy and sum reddy gait that we maye haue our plegeis to 
liberte ; and be the tennour of thir presentis we bynd and obleces ws, coniunctlie and 
seueralie, be the faytht and treutht in our bodyis, gif happynis ony Johnnstonis per- 
tening to ws quhom we ar plegit for, man, tennent or seruand, to commit stowitht, 
reyf, fyre, slauther, oppression or ony cryme, that we sail incontinent efter the cryme 
be committit, seik and serce the person or personis that makis the fait and committis 
the cryme quhatsumevir, or thai beis, and bring hym and delyver hym to the lard of 
Johnnstoun to be pvnesit for thair demeritis • and gif we can nocht apprehend the 
committar of the cryme, we doand our diligens thairto, we bynd and obleces ws in 
maner forsaid to birne, hery and put of the cuntre, the faltour and committar of the 
cryme, and to satife and redress the compleinyar with our avine guidis and geir. 
In vitnes of the quhilk thing we haue subscriuit this our obligatioun with our handis at 
the pen, at the chapel of Dunwiddy, the fourteine daye of Nouember, yeir of [God] 1555 

D 



26 ANNANDALE CHARTERS. [1555. 

yeris, befoir thir vitnes, ane noble man, Schir James Douglas of Drumlanerik, knycht, 
warden of the west marcheis of Scotland foranentis Yngland, James Johnnstoun of 
Vamfra, Thomas Johnnstoun of Cragoburn, James the Grayme of Gillisbe, and Thomas 
Dunwiclde of that Ilk, with vtheris diuers. 

Gavin Johnnstoun in Perisbehawis. James Jonstoun in the Bankis. 

Niniane Johnnstoun in Fyngland. Geoege Geayme. 

Dauid Jonstoun in Stayvod. Feegus the Geayme. 

Johne Jonstoun in Langsyd. Jame Geayme. 

Dauid Johnnstoun in Bankis. Matho Geayme of Badok. 

Johne Jonstoun in Mantanrig. Jhone Geayme of Bordland. 

Andeo Jonstoun, sone to Vilchole. Andeo Johnnstoun in Fuldouris. 

Dauid of Johnnstoun in Hayhillis. Dauid Jonstoun his brother. 

Wille Jonstoun in Hayhillis. Edueed Johnnstoun. 

Andeo Jonstoun his brother. Thome Jonstoun. 

Mathe Johnnstoun of the Thrid. Johne Jonstoun of the Court. 

Ville Jonstoun in Kirkhill. Nike Johnnstoun of Fairholme. 

Ville Jonstoun in Brvymmell. Heebeet Johnnstoun in Castelhil. 

James Jonstoun his brother. Dauid Johnnstoun of the Court. 

With our handis at the pene led be Dauid Mayne, notar publik, etc. 

Indorsed : Ane band betuix the lard and his freindis. 



33. Letters of Chaege to the Suename of Johnston, to assist John Johnstone of 
that Ilk in keeping order, etc. 4th September 1560. 

Feancis and Maeie, be the grace of God King and Quene of France and Scotland, to 
oure louittis oure schereffis in that part, coniunctlie and seuerallie, 

speciallie constitute, greting. Forsamekle as in presence of the lordis of oure secreit 
counsale, and of the articles in parliament, comperit Johne Johnestoun of that Ilk, befoir 
quhame this obligatioun vnderwrittin, actit in the bukis of secreit counsale, of befoir 
maid be him in maner following, wes presentit and red, off the quhilk the tennour 
followis : — Be it kend till all men be thir present letteris, me, Johne Johnestoun of 
that Ilk, to be bundin and oblist, and be the tennour heirof bindis and oblissis me in 
maner following, that is to say, Forsamekle as it hes plesit the quenis grace to freith 
and releve me furth of ward vpoun expectatioun of my gude service to be done in the 
perse wing, taking, apprehending and pvnissing of quhatsumeuir persone of my suirname, 
and vtheris duelland vnder thame, that salhappin to be dissobedient to oure souerane 
ladeis lawis, or to commit ony cryme aganis hir maiestie, realme or liegeis, sic as tres- 



1560.] CHARGE TO THE SURNAME OF JOHNSTONE. 27 

sone, thiffc, ressait of thift, murther, slauchter, reif, fyre rysing 'or vther sik enorme 
abhominable crymes ; and to mak me the niair hable hes causit the principalis of my 
suirname and freindis to oblis thame selffis to tak ane leill afauld part with me, and to 
serve me at thair vter poweris in executioun thairof, as at mair lenth is eontenit in thair 
obligatioun maid to me thairupoun : Thairfoir I bind and obliss me in all tymes curning 
to stand and abyde at thair avyse and counsale in all thingis concernyng the quenis grace 
and tranquillite of the cuntre, pvnissing of trespassouris, and gude rewle of the hale 
suirname, and to mantene and fortefye euery ane of thame in the peceable braking and 
joising of thair heretage and ordouring of the inhabitantis thairof ; and in cace ony 
persone occupy or inhabit thair landis on force and incontrair thair will, sua that 
thai be nocht of sufficient power of thame selffis to put ordoure to him or to tak or 
apprehend him quhane he sail committ offence, then I, with all that I may convene, sail 
pas, concur, and assist with thame in the persute [of] that persone with all diligence sa 
oft as I salbe requirit be ony of thame thairto, and sail help and supple thame thairin at 
my vter power. And becaus in executioun heirof and pvnissing of trespassouris it may 
chance slauchter to be committit, fyre rasit or vther displesour to be done, quhairthrow 
the saidis trespassouris, thair freindis, kin and allia, will beir deidlie feid aganis ony 
persone, being in cumpany the tyme of the doing thairof, in that caise I oblis me to tak 
ane afauld part with that persone in his defence aganis the beraris of that feid, and 
neuir to transact, compone nor aggre with thame sa lang as thai continew in that 
mynd and without the speciale avise of the partie and my saidis hale freindis. And 
attour I sail serve the wardane alsweill at the dayis of trewis as at vther assembleis 
quhilkis salbe deuisit be him, quhen euir I salbe requirit thairto, as at mair lenth is 
eontenit in the said obligatioun, of the date the aucht day of Februar the yeir of God 
I m v c Iv yeris. And thairfoir the saidis lordis requirit and desyrit the said Johne 
Johnestoun of that Ilk to abyde at the said obligatioun, and fulfill, serve and keip all 
and sindrie pointis, passis and articlis eontenit thairin in all tymes curning, for keping 
of gude rewle in the cuntre ; and he knawing the samyn to be for the suppressing of 
thevis and tratouris, and commone weill of oure hale realme, promittit, band and oblist 
him to fulfill, obserue and keip in all tymes cuming all and sindrie pointis, passis and 
articlis eontenit in the said obligatioun, alsweill in persewing, taking, apprehending 
and pvnissing of quhatsumeuir persone of his suirname, and vtheris duelland vnder 
thame, that sal happin to be dissobedient to our lawis, or to committ ony cryme aganis 
oure maiestie, realme or liegeis, sic as tressone, thift, ressait of thift, murther, slauchter, 
refe, fyre rysing or vther sik enorme abhominable crymes, as in byding at the avise and 
counsale of his freindis in all thingis concernyng the tranquillitie and [peace] of oure 
cuntre, as als in mantenyngall trew men to brake and jois thair heretages, rowmes and 
possessionis ; and in cace ony [persone] occupy or inhabit thair landis on force and 



28 ANN AND ALE CHARTERS. [1560. 

incontrair thair will, sua that thai be nocht of sufficient power of thame selfis [to put 
ordoure] to him, or to tak and apprehend hini quhen [he] sail commit offence, then the 
said Johne oblissis him that he, with all that he may [convene, sal] pas, concur and 
assist with thame in the [persute] of that persone [with all] diligence, sa oft as he 
salbe requirit be ony of [thame thairto] and sail help and supple thame thairin at his 
[vter power ; and if it chance slauchter] to be committit, fyre rasit or vther disples[ouris 
done in] executioun of the premissis and persewing, taking, apprehending and pvnissing 
of the samyn trespassouris, thair kin, freindis and allya, will beir deidlie feid aganis 
ony persone being in cum[pany the tyme of the doing thairof, in] that caice the said 
Johne oblissis him to tak ane afald part with that persone in his absence (sic 1. defence) 
aga[nis the beraris of that feid, and neuir to tra]nsact, compone, nor aggre with thame 
sa lang as thai continew in that mynd and without [the speciale avise of the partie 
and his saidis hale frein]dis ; and attoure he sail serue the wardane, alsweill at the 
dayis of trewis as at vther assembleis quhilkis salbe [deuisit be him, quhen euir the 
said] Johne Johnstoune salbe requirit thairto ; and fmalie, to keip all vther pointis 
contenit in the said obligatioune. Our[e will is heirfoir and] we charge yow straitlie 
and commandis that incontinent thir oure letteris sene, ye pas and in oure name 
and autorite command and ch[arge] . . . Johnestoune of Wamfra, James Johnestoun 
of Corre, James Grahame of Gillisbie, Harbert Johnestoun of Powdene, Thomas 
Johnest[oun of Cr]agoburne, Gilbert Johnestoun in Corheid, James Johnestoun in 
the Kirktoun, Cuthbert Johnestoun in Loukarbye, Kobert Johnestoun in Newtoun 
. . . Johnestoun in Elschescellis, Johne Johnestoun in Malingschaw, Williame Johne- 
stoun in Brumehill, Eobert Johnestoun of Begyardis, Adame Johnestoun in Bathok, 
Robert Moffet in Grantoun, and Thomas Moffet of Knok, and the remanent of the 
hale suirname of Johnestonis and all that duellis under thame, to convene, concur, 
assist, fortifye and serve the said Johne Johnestoun of that Ilk at all tymes quhen 
he sail think expedient, and gif thame lauchfull warnyng, for taking, apprehending 
or persewing of ony persone of thair suirname or vtheris duelland vnder thame that 
salhappin to be dissobedient to oure lawis, or to committ ony cryme or offence 
aganis oure maiesties, oure realme or liegeis, sic as tressone, thift, ressait of thift, 
murther, slauchter, reif, fyre rysing or vther enorme abhominable crymes, and to tak 
ane afauld, leill and trew part with him thairin without dissimulatioun, feid or favoure, 
and to ansuer to him for sa mony as duellis within thair heretages, takkis, stedingis, 
rowmes and bailliereis, and to fulfill the said band maid be thame to him of befoir in 
all pointis, hedis and articlis, and to serve the wardane alsweill at dayis of trewis as at 
vther assembleis, quhen thai salbe requirit thairto be him or the said Johne : Certifying 
thame and thai failyie heirin or to be fund negligent or dissobedient to the said Johne 
in executioun heirof, thai s[albe] reput as plaine partakaris and assistaris to the said 



1571.] CONDITIONS OF PARDON TO LAIRD OP JOHNSTONE. 29 

trespassouris and wickit doaris, and sail incur the semblable panis and be pvnist in thair 
bodeis, landis and gudis eftir the quantite of the offence and cryme committed be the 
saidis trespassouris and -wickit personis ; as ye will ansuer to ws thairupoun : The 
quhilk to do we committ to yow, coniunctlie and seueralie, oure full power be thir oure 
letters, deliuering thame be yow deulie execute and indorsate again to the berare. 
Gevin vnder oure signet at Edinburgh, the ferd day of September, and of oure regneis, 
that is to say, of France the first and of Scotland the secound and xviij yeris. 

Per actum dominorum Secreti Consilii, etc., 

JOHNESTOUN. 

34. Conditions upon which John Johnstone of that Ilk was received to the king's 

favour, c. 1571. 

Conditiones quhairvpoun Johne Johnestoun of that Ilk is ressauit to our souerane 
lordes fauour and pardoun. 

Item, the said Johne sail acknawlege the maist excellent prince, James the Sext be the 
grace of God King of Scottis, as his onely souerane lord during his lyff, and sail trewly 
serue and obey his hienes and his deirest gudeschir, Matho Erie of Levinax, Lord 
Dernelie, his hienes lauchfull tutour and regent to his maiestie, his realme and liegis, 
during his hienes minoritie, and thairvpoun sail gif his solempnit ayth and subscriptioun 
manuall. 

Item, the said Johne be himselff, and all vtheris that he or his predecessouris, be 
the lawes or be vertew of bandis maid heirtofoir, ar oblist and bound for, sail obserue 
and keip the peace and amytie betuix the realmes of Scotland and England, and salbe 
ansuerable in that behalff for releving of king and wardane in all tyme cuming. 

Item, for all offences bigane committit be him, his freindis, seruandis and partakers, 
aganis the said peace and amitye, other in ressetting of the quenis maiestie of 
[Englandis] rebellis or vtherwise, he sail abyde, vnderly and perform sic ordour as 
salbe takin and concludit vpoun betuix the princes of baith the realmes, thair lieuten- 
nentis, commissioneris or wardanes. 

Item, he sail assist, fortefie nor mantene na maner of thevis of the suirname of 
Johnstonis or vtheris ; and in cais sic as he be vertew of his awin or his predecessouris 
bandes is oblist to answer for, will not be answerable for discharging of king and 
wardane at the handes of England, and will not be obedient to the lawes of this 
realme, he sail other entir thame befoir our souerane lord, his regent or justice, quhen 
the said Johne salbe requirit vpoun sex dayis warnyng, or than sail ryde vpoun thame 
with fire and swerd, and birne thame or baneis thame the cuntre, conforme to the auld 
bandis and actis of parliament. 



30 ANNANDALE CHARTERS. [1571. 

Item, for obseruing, keping and fulfilling of all and sindre the premissis, the said 
Johne and his freindis sail entir sic plegis to my lord regent as his grace sail name and 
require to remane in sic place and for sic space as salbe thocht gude. 



35. Bond of Mankent by Thomas Johnstone of Cragoburn and others to John 
Johnstone of that Ilk. 20th June 1571. 

Be it kend to all men be thir present letteris, vs, Thomas Jhonestone of Craigaburne, 
and Jhone Jhonestone, his sone and appirand air, for our sellfis, and takand the 
burding vpone vs for our bairnis, seruandis and tennentis, Robert Jhonestone of the 
Newtone for my selff, and takand the burdin vpone me for my bairnis, brether and 
brether bairnis, duelland within the boundis of Annerdaill, Andro Jhonestone of Kirk- 
tone, for my selff, and takand the burding vpone me for my bairnis, brether and 
brether bairnis and emeis bairnis, to be bound and oblist, and be thir presentis bindis 
and obliss \vs to ane nowble man, Jhone Jhonestone of that Ilk, in manrent and 
seruice, for all the dayis of our lyftyme for his worththy menteinance of ws, our 
seruandis and tennentis ; oblissing ws and ilk ane of ws respectiue, during all our 
dayis, to tak afauld and plane pairt with hym in all his gud and leffull actionis 
aganis all deidlie (the authoratie of thisrealme only beand excepit), and sell defend hym, 
be our selffis, our bairnis, brether, brether bairnis and emeis bairnis, seruitouris and 
tennentis, with our bodyis and gudis, and sell gyf hym our faithfull and trew consell in 
all his just actionis and lefull efl'aris, quhair we [ar] askit or vtheris, as neid cravis, 
and sell nowder knaw nor wit of his harme nor hurt, bot sell resist thairto at our 
powaris, and mak hym to be aduertesit thairof, sa oft as neid beis ; and sell lelelie 
and trwlie serve hym in all thing quhan we be lauchfullie requirit thairto, but fraud or 
gyle. In witnes heirof we haif subscriuit thir presentis for our selffis as efter fallowas, 
and takand the burding vpone for the personis abone writtin, ilk ane for our awin pairt 
respectiue, at Branxholme, the xx H day of Junii 1571, befor thir witnes, Walter Scot 
of Branxholme, knycht, Mr. Thomas Westone and Jhone Chalmerlane, with vtheris 
diuers, viz., Walter Scot, sone naturall to vmquhill Walter Scot of Branxholme, knycht, 
and James Geddas. 

Thom. Johnstoun of Cragoborn. 

Johne Johnstoun of Corheid. 

Andro Jhonistoun in Kyrktoun. 

Ro T Jonstoun of Newtoun, with my hand at the pen, led 
be the notar vnder wrytin becaus I could nocht writ. 
Ita est Thomas Westotjn, notarius in premissis, teste manu 
propria. 



1572.] ROBERT ELLIOT OF THE REDHEUCH. 31 



36. Obligation by Robert Elliot of the Redheuch and others, to restore a prisoner 
to John Johnstone of that Ilk. 13th December 1572. 

We, Robert Ellot of the Reidhwitht, Martyne Eliot of the Braidleis, and Hob 
Eliot of the Sehawis, be the tennour heirof grantis ws, coniunctlie and seuerelie, to 
haif borrowit fra ane honorable man, Johnne Johnnston of that Ilk, Johnne Ellot of 
the Steill, tayne presonar be him ; and bindis and obleces ws, coniunctlie and seuerlie, 
in the suirast, sickirast and straitast stile of obligation, and faythtfullie promittis to 
enter the said Johnne Ellot in to the place and toure of Lochtuod on the premunitioun 
of sast dais warneing, and thair to remane quhill lauchfull entre be tayne of him, gif 
that the said Johnne Johnnstoun of that Ilk, and the said Johnne Ellot of the Steill, and 
the freindis of his branche aggreis nocht vpoun all thingis debaitable in and amangis 
thayme betuex and Candillismes nixt cumis ; and in the meintyme the said Johnne 
Johnnstone of that Ilk, his freindis and seruandis, to be vnder sicker assurans with the 
said Johnne Ellot, and all his grane and branche on to thair aggrement or entre of the 
said Johnne, that thai and ilk ane of thame salbe vnhurt, vnharmit, vntroubillit and 
vnmolestit in thair bodyis, guidis and geris, lik as the said Johnne Ellot and his grane 
and brenche salbe suyr of the said Johnne Johnnstoun of that Ilk ; and heirto bindis 
and obleceis vs, coniunctlie and seuerlie, vnder the paine of defamation, inhabilite, 
mensuering, and vnder the pane of oppin tresone, be this our band and obligation sub- 
scriuit with our handis as follouis, at Branksholme, the threttene daye of December 
1572, befoir thir vitnes, the Laird of Bukcleuth, Alexander Chisholm, Johne Ellott of 
Copschaw, with vtheris diuers. Robene Ellot of the Reidhewch. 

Martyne Ellot of the Braidlie. 

Hob Ellot of the Schawis, 

With our handis tuichand the pen. 

On an inner page of this writ is the following letter : — " Mastres, my husband 
commandit me quhen this band com for Johne Ellot, to send it to you, and bad keip 
the band and lat Johne Ellot hame, and he ordanit me to desyr you to gar sum of the 
lardis serwandis to put him wp Ettrik, or sum siker gayt, for thame of Dryf or Gillisbe, 
becaus of thair feid, and sua God keip you. Writtin be youris at pouer. 

The Lady Corhe[id]. 

To ane honorable woman, the Lady Johnestoun." 



32 ANNANDALE CHARTERS. [1573. 



37. Submission by John Johnstone of that Ilk, Fergus Graham of the Moat, 
Edward Irving of Kirkpatrick and others, of their differences to friendly 
arbitration. 11th May 1573. 

At Craikhauch, the alevint day of May, the yere of God I m v c threscore and threttene 
yeris, it is appoyntit, aggreit and finalie compromittit betuix ane honorable man, 
Johne Johnstoun of that Ilk, for him self, and takand the burdin vpoun him for his 
surname of Johnstonis and thair seruandis on that ane parte, and Fargus Grahame of 
the Mote, Robert Grahame of the Fauld, Eicharte Grahame of Meidhop, Arthure 
Grahame of Blawat, Richarte Grahame in Serk, alias Plump, Fargus Grahame, sonne 
to vmquhile Mathew Grahame, Johnne Grahame, sonne to Blak Jok, Wylliam 
Vrwiug of Greituohyll, Waltir Vrwing, his broder, Richarte Vrwing, Edwarte Vrwing, 
thair breder, Johnne Grahame of Cannobie, Wylliam Grahame and George Grahame, 
his sonnis, Edwart Vrwing of Kirkpatrik, Mathew Vrwing of Burelrone, Richarte 
Grahame, alias Garis Richarte, Richarte Vrwing of Hurkildale, Johnne Vrwing of 
Steilhill, Wylliame Grahame of Serk, Hutchone Grahame, sonne to vmquhile Persevell 
Grahame, Thomas Storie in Staigmyre, Harbart Storie alias Bailie, Qwyntene Grahame 
in Serk, for thaim selffis, and takand the burdin vpoun thaim, coniunctlie and seueralie, 
for thair barnis, bredir, bredir barnis, partie and partetakaris (Richarte Grahame of 
Netherbie, his barnis and thair partie and seruandis except). Quhylkis partiis respec- 
tiue abone writtin ar faythfullie bundin, oblist and sworne to stand, abide at, vndirly 
and fulfyll the sentence decre arbitrate of thir personis vnderwrittin, videlicet, Johanne 
Johnestoun of Elscheschelis, Robert Johnstoun of Newtoun, Thomas Johnstoun of 
Craghopburne, Thomas Johnstoun of Fyngland, Wylliam Johnstoun of Tunergaryt and 
Symon Johnstoun of Cartertoun, chosin for the parte of the said Johnne Johnstoun and 
his, on that ane parte, and Robert Grahame of Fauld, Arthur Grahame, sonne to Fargus 
Grahame of Mot, Richarte Grahame of Meidhop, Edwarte Vrwing of Kirkpatrik, 
Wylliam Armstrang of Mortoun, Arthure Grahame of Blawat, chosin for the parte of 
the said Fargus Grahame and the rest of the Grahames abone writtin ; and with power 
gif it happinis that ony of thir personis chosin abone writtin be absent at ony trystis 
vnto the finale end of thair actionis vnder writtin, that thai sail cheis ane vther siclik 
man in his place ; anent the slauchtir of vmquhile Archebauld Johnestoun of Myrheid, 
and anent all bludis, gudis, actionis, caussis, querelis, debaittis and contraverssis quhat- 
sumeuir that ather of the saidis partiis hes to say, allege or propone aganis vtheris 
before the day of the dait heirof : And the saidis jugiis arbitratouris and amicable 
componitouris hes instantlie acceptit the saidis actionis and caussis abone namit in and 
vpoun thaim ; and the jugiis abone writtin sail convene at Craikhauch, the xxvj day of 



1573.] JOHNSTONES, GRAHAMBS, AND IRVINGS. 33 

Maii instant, and assignis the said day to bayth the saidis partiis to convene and 
exbibyt and produce thair clames in wrytting to thaim ; and the jugiis abone namit hes 
faythfullie bundin and oblist thaim eftir thair cunning and knawleg to decrete and 
deliuer in the actionis and caussis abone specifiit, for makin of vnite and Concorde for 
weill of bayth the partiis, within fourty dayis nixt and immediatlie following the day 
of the dait heirof. And howeuer the saidis jugiis decernis, decreitis and ordinis in the 
premissis, bayth the saidis partiis hes faythfullie bundin and oblist thaim to vnderly 
and fulfyll the samyn in all poynttis, without ony reuocatioun, reclamatioun, contra- 
dictioun or agane calling quhatsumeuir, without fraud or gile. And for the mair 
securite bayth the saidis partiis hes subscriuit thir presentis with thair handis in maner 
following, day, yeir and place foirsaidis, before thir wytnes, Schir Walter Scot of 
Branxholme, knycht, Johnne Charteris of Hempisfeild, Robert Johnestoun, persoun of 
Lowchmaben, Adam Scot of Bruthertoun, and Johnne Brydin, notar publict. 

Mairattour, Abie Armistrang of Wodhousleis, Wylliam Armistrang of Mortoun, 
Cristell Armistrang in Auchingavill, takand the burdin vpoun thaim for thair breder 
and seruandis, to vnderly and fulfyll the decrete of thir xij men abone namit anent thair 
being vpoun the feild with thair freyndis the tyme that Patrik Johnistoun of Mylbank 
and Cristell Johnistoun thair, Mungo Johnistoun, Edwart Johnistoun, his broder, gat 
ony skayth, to the quhilk thai haue bundin and oblist thaim to vnderly and fulfyll be 
this present. Johnestone of y 1 Ilk. 

Thomas Jhonistoun of Cragoborn. Fargus Grahame with my hand. 

Johnne Johnistoun of Elscheschelis. Richarte Grame of Meidhop. 

Robert Johnistoun in Newton. Arthure Grahame of Blawat. 

Thomas Johnistoun of Fyngland. Richart Grahame alias Plump. 

William Johnistoun of Thonnergaryt. Fargus Grahame, sonne to vmquhile 

Symon Johnnstoun of Cartertoun. Mathew Grahame. 

Robert Grahame of Fauld. Robert Grahame of Fauld. 

Arthur Grahame, sonne to Fergus John Grahame, sonne to Blak Jok. 
Grahame. Wylliam Vrwing of Gretnohyll. 

Richarte Grahame of Meidhop. Edwart Vrwing. 

Edwart Vrwing of Kirkpatrik. Rycharte Vrwing. 

William Armistrang of Mortoun. Edwarte Vrwing of Kirkpatrik. 

Arthur Grahame of Blawat. Mathew Vrwing of Burrelrone. 

Ita est Johannes Brydin, notarius Richart Vrwing of Huirkyldane. 
publicus ad premissa, etc. George Grahame of Cannabe. 

John Vrwing of Steilhill. 

Wylliam Armistrang of Mortoun. Wylliam Grahame of Serk. 

Cristell Armistrang, his broder. Quhyntine Grahame of Serk. 

Thomas Storie in Staigmyre. Huchoun Grahame. 

Ita est Johannes Brydin, notarius publicus ad premissa, etc. 
E 



34 ANNANDALE CHARTERS. [1573. 



38. Obligation by Fergus Graham of the Moat and Edward of Kirkpatrick to 
John Johnstone of that Ilk, to fulfil their agreements. Undated, but c. 1573. 

Be it kend be thir present vrytin, I, Furgus the Grame of the Moit, and Eduerd of 
Kyrkpatrik, that we sail furthfyll all our speikin that we maid to that maist honorabill 
man, the lard of Bukclevcht, and till the lard of Johnstoun, one Craikmoir at owr last 
meitin, and sail put it in the lard of Bukclewchis hand, and sail keip it faythfulle 
be the trewtht of our bodyis, and sail had it in owr myndis as ane doun mater, 
and sail keip poyntit day and place quhen ye think expedient ; and desyris yow to 
send ws siklyk sekarty till ws with Beehe of Ballze that sa the poyntin of the tryst 
with Eechy of the Balle quhen ye think best, and forder he will tell yow owr stop. 
Subcryuis this wrytin, I, Furgus the Grame of the Moit, with my hand at the pen, and 
Eduard of Kyrkpatryk with my hand at the pen, befoir thir witnesis, Williame 
Johnestoun of Hayhill, and Thomas of Fyngland and Eeche the Balle with vther diuers. 



39. Bond of Maintenance by John Johnstone of that Ilk to John Johnstone 

in Greenhill. 2d July 1573. 

Be it kend till all men be thir present vrittingis, me, Johnne Johnnstoun of that 
Ilk, that forsamekle as Johnne Johnnstoun in the Greinhill is becummit my man and 
servand in all tymes cumin, lelilie and treulie to mak me faithtfull seruice on horse or 
on fute, as he beis requirit ; Heirfor be the tennour heirof bindis and obliceis me in 
the straitast stile of obligatioun, and faythtfullie promittis to fortife, menteyin, supple 
and debait the said Johnne Johnnstoun, my man, contrare all man haifand questioun, 
querrell and actioun aganis him, lik as ane faithtfull maister aucht to debait his trew 
seruand in all takkis, rovmys and possessiounis, guidis movable and vnmouable, 
present and to cum ; and in speciall in the heritable rycht of the saxt merk land of 
Batok with the pertinentis, the kindnes of tua merk land and ane half in Greinhill, 
ane merk land in Kirkpatrik occupiit be the Taitis quhilk the said Johnne hes of me, 
but fraud or gile, be this my band of menteinens, subscriuit with my hand at the 
Lochtuod, the secund daye of Julij 1573, befoir thir vitnes, Dauid Johnnstoun in 
Moling, and Dauid Mayn, notar, with vtheris diuerse. 




rM(0(£ 



1578.] 



JOHN JOHNSTONE OF THAT ILK. 



35 



40. Bond of Maintenance by John Johnstone of that Ilk. 9th December 1577. 

At Cumeetreis, the nynt clay of December, the yeir of God Mv c threscoir sevintene 
yeiris, it is appointit, concordit and fmalle agreit betuixt ane honorable man, Johne 
Johnestoun of that Ilk on the ane part, and the auld tennentis of the landis of Kelheid 
on the wther part, in maner, forme, and effect as eftir followes — that is to saye, the 
said tennentis is contentit to cum in his will and make him thankfull payment and 
dalye sendee with inwiter beir and keyne foulles, and to pay thair enteres betuixt this 
and new yeirs daye nixt. And I, the foirsaid Johne Johnestoune of that Ilk, byndis 
and oblessis me, my airis, to werrand, acquyet and defend all the foirsaidis tennentis 
that enteris with me and payis thair dewteis and seruice as is foirsaid at all handis 
haifand entres, indureing the lyftrent of Jene Johnistoun, my syster, being lyftrenter 
thairof. In witnes heirof I haif subscryvit this present with my hand, day, yeir and 
place foirsaid, befoir thir witnesis, Johne Johnistoun of Newbie, Pate Johnistoun of 
Mylnbank, Eduard Irving of Kirkpatrik, Alexander Acairlyll in Soupilbank, and Johne 
Johnistoun of Cumertreis, with wtheris dyverse. 




41. Submission by the Clan Johnstone of their disputes to the arbitration of 
twelve of their number and the Laird of Johnstone. 2d December 1578. 

Be it kend till all men be thir presentis writtiDgis, ws that beris and hes the nayme 
of Johnnstounis in speciall and in generall, quha dependis vpoun the Lard of Johnn- 
stoun, that quhar ony actiouu or cause of contrauersie is in and amangis ws or ony of 
ws, as blude, guidis, landis, steidingis, rovmis and possessiounis, vrangis or vnkindnes, 
or quhatsumevir cause or causis debaitabill, to be bound, oblesit and suorne, and be the 
tenuour of thir presentis bindis and obleceis ws and ilk ane of ws faythfullie to refer, 



36 



ANNANDALE CHARTERS. 



[1578. 



as be the tennour heirof referris our saidis actioun and causis quhatsurnevir thai be, 
without ony reclame or agane saying, to stand, abyde and vnderlie and fulfill all and 
quhatsurnevir Robert Johnnstoun in Oairnsolocht, Thomas Johnnstoun of Cragoburn, 
Gilbert Johnnstoun of Wamfray, Eobert Johnnstoun in the Newtoun, Thomas Johnn- 
stoun in Podene, Johnne Johnnstoun in Howgill, Thomas Johnnstoun in Fyngland, 
Mongo Johnnstoun in Lokirbe, Vilkein Johnnstoun of Elscheschelis, Gilbert Johnnstoun 
in Phairholme, Cirsti Johnnstoun in Milbank, Andro Johnnstoun in Marioribankis, as 
amiable freindis equalie chosin be the rest and consent of the nayme that hecht Johnn- 
stoun, for thair commoun weill, and ane honorable Johnne Johnnstoun of that Ilk, thair 
cheif and maister, ourman in the said actioun or causis quhatsumeuir it be, decretis, 
decernis, deliueris and ordannis the parteis haifand questioun, persewar or defendar, to do, 
and thai and ilk ane of thayme to abid, stand and fulfill the said deliuerans, as the 
saidis personis abone namit and ourman thus chosin, or the maist part of thaym, in the 
premissis decretis and deliueris, without ony reclamatioun, contradictioun, exceptioun 
or agane callin quhatsurnevir. And gif ony of nayme that hecht Johnnstoun, haifand 
ony actioun or cause dependand befoir the fornemmit personis and ourman sua chosin, 
fulfillis nocht thair decreit and deliuerans, bot cumis in the contrarie thairof, the 
fornemmit maister and ourman, with the rest of the haill nayme of the Johnnstounis, 
salbe in the failouris contrarie, in the law and by the law, and pvneis him according as 
thay think guid and expedient. As alsua gif ony of the forsaid tuelf chosin men or 
ourman haif actioun of thair awin, that quhilk evir he be to be set of that actioun, and 
the rest to decreit thairupone, and he to fulfill the samen as is abone specifiit, but 
fraud or gyle. In vitnes heirof the saidis tuelf chosin, ourman and principale, of euery 
grane that hecht Johnnstoun, hes subscriuit thir presentis with thair handis as followis, 
at the Chapell of Dunviddy, the secund daye of December, in the yeir of God ane 
thousand fif hundereth threscoir and auchtein yeiris, befoir thir vitnes. 

And this present band for ane yeir efter the dait heirof to endure, or langar, as the 
Lard of Johnnstoun or his freindis thinkis guid. 



RoBART JHONSTOUN. 

Gilbeet Jhonstoun of Vamfray. 
Thom Jhonstoun in Polden. 
Mugo Jhonestoun. 

WlLKINE JoHNSTOUN. 

Andeo Jhonistoun in Mergribank. 
Thom Jhonstoun of Cragobro. 
Dauid Jhonston, Granto. 




Adam Jhonstoun of Core. 

Andeo Johnstoun, persone in Ton- 

nergarthe. 
Jhon Jhonstoun, Gren. 



1579.] THE CLAN JOHNSTONE. 37 

Kobert Johnnstoun in the Nevtoun, Johne Johnstoun in Hougill, Thomas John- 
stoun in Fyngland, Patrik Jonstoun in Mylbank, Gilbert Jonstoun in Fairholme — 
with our handis at the pen led be Dauid Mayn, notar, of our command becaus we culd 
noeht writ ourselfis. 

Johnne Jonstoun in Kirkhill, Archibald Johnstoun, Mertyns Archibald, Johne 
Jonstoun in Kirkhill, Dauid Jonstoun in Stayvod, John Jonstoun in Cartertoun, 
Gilbert Jonstoun in Fyngland, John Jonstoun in Glenkill, William Jonstoun in 
Brigmur, Villiam Jonstoun in Tempilland, James Jonstoun, elder, in Brvymmell, 
Andro Jonstoun in Lokirbe, Criste Jonstoun in Mylbank, William Jonstoun in Beid- 
haw, Eduard Jonstoun in Quawis, Dauid Jonstoun in Quawis, Mathe Jonstoun in 
Corwod — with our handis at the pen led be the notar abone writtin at our command. 

Jhone Johnstoun off Lowchmaben, and [William] Johnstoun in Pressdykis — with 
our handis at the pen leid. 



42. Bond by the Clan Johnstone to their chief, John Johnstone of that Ilk, to 
assist him in keeping his Bond of Caution given by him for them to the king. 
3d January 1578-9. 

Be it kend till men be thir present vrittingis, ws, Johnne Johnstoun in Hougill, 
Johnne Johnnstoun in Kirkhill, John Johnnstoun in the Mylne, Adam Johnnstoun, sone 
to Mertyn Johnnston in the Kirkhill, Johnne Johnnstoun, sone to Clementis Ade, Vatte 
Johnnstoun in Hilhous, Criste Jonstoun in Bighill, Thomas Johnnstoun in Fingland, 
Gilbert Johnnstoun his sone, Johnne Johnnstoun in Cartertoun, Niniane Johnnstoun 
in Fingland, Dauid Johnnstoun in Stayvod, Andro Johnnstoun in Tynnergartht, persoun 
thairof, William Jonstoun, sonne to Dauid Johnnstoun in Hayhill, Gilbert Johnnstoun 
in Fairholme, William Jonstoun in Preistdikis, Dauid Johnnstoun in Roberthill, 
Niniane Johnnstoun in Castelhill, Andro Johnnstoun in Lokirbe, Mongo Johnnstoun 
thair, Mertyn Jonstoun in Myrheid, Johnne Jonstoun callit Greinsid, Eduerd Jonstoun, 
sone to Johnne Johnnstoun of the Quavis, Eduerd Johnnstoun in Vestuod, Dauid Johnn- 
stoun, his brother, Wille Johnnstoun, sone to Andro Johnnstoun of the Quawis, Johnne 
Johnnstoun of the Burn, Johnne Johnnstoun, Chepmannis John, Patrik Johnnstoun in 
Auchtinslock, Cristall Johnnstoun in Milbank, Vilkyn Johnnstoun of Elscheschelis, 
James Johnnstoun, elder of Brvymmell, William Johnnstoun in Brigmur, Dauid Jonston 
in the Beidhall, Johnne Johnnstoun in Brvymmell, sone to vmquhile young James 
thair, Johnne Johnnstoun of Gretno, Bobert Johnnstoun in Nevbie, Thomas Jonstoun 
in Preistuodsid, William Jonston in Beidhall, James Johnnstoun in Capilgill, Robert 
Johnnstoun in Middilquarter, James Johnnstoun in Croftheid, Adam Jonston his 



38 ANNANDALE CHARTERS. [1579. 

brother, Thomas Johnnstoun of Podene, Symon Johnnstoun in Stanrehoushill, Vatte 
Johnnstoun in the Bankis, James Johnnstoun in Kelrigis, Dauid Jonstoun his sone, 
Adam Johnnstoun, sone to Vill of the Bankis, Michael Johnnstoun, son to James 
Johnnstoun callit James with the beird, Thome Johnnstoun, sone to Dauid Johnn- 
stoun in the Bankis. That forsamekle as at our request, speciall desire and feruent 
supplicatioun, ane honorabill man, Johnne Johnnstoun of that Ilk, our cheif and 
maister, hes bound and oblesit hyme self and his airis faithtfullie for our commoun 
weill to our souerane lord the kingis grace and his lieutennent in to the last justice 
court haldin in to Drumfres, in to the quhilk band he hes plegit his lif, land and 
heritage, for vs and the rest of our surnayme Johnnstounis, that we, our men, 
tennentis and seruandis salbe ansuerabill to the lawis of the realme in all tymes cumin ; 
as alsua sail stanche and satife all compleinnaris quhoni to we or ony of our surnaym 
respectiue of our granis, men, tennentis or servandis, hes falit or faltit to in ony tyme 
bigane ; and siclik our said cheif and maister hes faithtfullie promisit to vs to releif 
our plegeia at our said souerane lordis hand and put thayme to fredome and liberte : 
Thairfor we and ilk ane of ws respectiue to be bound and oblesit, as be the tennour of 
thir presentis bindis and obleceis ws and our airis faythtfullie, that housone or quhat tym 
that ony of our granis respectiue, men, tennentis or seruandis, mackis or comittis ony 
fait, faill or distribulans criminable, as thift, stoutht, reif, fire or oppressioun or ony 
vther point criminall or civill, quharthrow the said Johnne Johnnstoun of that Ilk, our 
cheif and maister, may incur ony danger, or ony viis may be hurtfull to him or his 
airis be the macking of the said band to our said souerane lord and his lieutennent, in 
to that cace we and ilk ane of ws respectiue bindis and obleceis ws and our airis 
faythtfullye, at the command and desire of our said cheif and maister, to assist and 
concur all togidder and with our haill force, strentht and pissans, sail serche, seik 
and persew the saidis persoun or personis, committaris of the fait or faill quhatsumevir 
it be, bring and deliuer him to our said cheif and maister, and to handill and pvneis 
him for his demeritis as he thinkis guid and expedient ; and gif the said committaris of 
the cryme can nocht be apprehendit efter the committing of the cryme, fait or faill, we 
doand our exact diligens thairunto, bindis and obleceis ws faythtfullie, and our airis, to 
birn, hery and put the said faltour of the cuntre, satife and redress the said complein- 
nar quhom to the fait is done with our awin proper guidis and geris, failyeing 
apprehending of his, and heirto bindis and obleceis ws and our airis faythfullie vnder 
tbe paine of periurie and oppin defamation. Attour we all that is of the nayme of the 
Johnnstounis and vnder the dominion of the said lard of Johnnstoun, in generall and 
in speciall, as we salbe requirit, bindis and obleceis ws and our airis faythfullie to 
concur with the said lard of Johnnstoun and thir forsaidis personis, macaris of this 
present band, and sail aid, fortife and supple hyme and thayme with our haill force for 



1579.] 



THE CLAN JOHNSTONE. 



39 



pvneisment of the attemptiuis abone mentionat, but fraud, gile or ony exceptioun. 
Prouiding alsua that gif be chance ony slauther beis made or blude drawin in the 
seirching or apprehendin of the said faltouris, it salbe fund na fait nor faill be the doar 
thairof in ony tyme cumin, but ilk ane to stand vpricht with wther, likas thai did of 
before the mackin of thir presentis. In vitnes heirof we and ilk ane of vs hes 
subscriuit this band with our handis as follouis, at the Southtuodfute, the thrid day 
of Januar in the yeir of God ane thousand fif hundretht thre scoir and auchtein yeiris, 
befoir thir vitnes, Thomas Scot, Johnne Litill, Eobert Grahame in Langboddum, Patrik 
Graynie, his brother. 



Johnne Johnnstoun in Hougill. 
Johnne Johnnstoun in Kirkhill. 
Johnne Johnnstoun in the Myln. 
Adam Johnnstouw, sone to Mertyn 

Jonston in the Kirkhill. 
Johnne Johnnstoun, sone to Cle- 

mentis Ade. 
Vatte Johnnstoun in Hilhouse. 
Thomas Jonstoun in Fyngland. 
Gilbert Johnnstoun, his sone. 
Johnne Jonstoun in Cartertovne. 
Andeo Johnnstoun in Tynnergartht. 
Villiam Johnnstoun, sone to Dauid 

Johnnstoun in Hayhill. 
Gilbert Johnnstoun in Fairholme. 
William Jonston in Preistdikis. 
Dauid Jonstoctn in Roberthill. 
Niniane Jonstoun in Castelhill. 
Andro Jonstoun in Lokirbe. 
Mongo Jonstoun thair. 
Mertyn Johnnstoun in Myrheid. 
Johnne Jonstoun in Greinsid. 



Eduerd Jonstoun, sone to Johnne 

Johnstoun of the Quawis. 
Eduerd Johnnstoun in Vestuod. 
Dauid Johnnstoun, his brother. 
Ville Jonstoun, sone to Andro 

Johnnstoun of Quawis. 
Johnne Johnnstoun in the Burne. 
Johnne Johnnstoun, Chepmannis 

Johnne. 
Patrik Jonston in Auchtinslock. 
James Jonston in Croftheid. 
Adam Jonston, his brother. 
Thomas Johnnstoun in Podeyne. 
Vatte Johnnstoun in the Bankis. 
James Johnnstoun in Kelrigis. 
Dauid Johnnstoun, his sone. 
Adam Johnnstoun, sone to Vill of 

the Bankis. 
Mechael Johnnstoun, sone to James 

Johnnstoun callit with the beird. 
Thomas Johnnstoun, sone to Dauid 

Johnnstoun in the Bankis. 



All thir forsaid personis, and ilk ane of thayme for thair awin part, with thair 
handis at the pen led be me, notar vndervrittin, hes subscriuit thir presentis, of thair 
speciall command, request and desire, becaus thai culd nocht writ thame selfis. Vitnes 
my awin hand. 

Ita est Dauid Mayn, notarius in premissis de speciali mandato suprascrip- 
tarum personarum multipliciter rogatus et requisitus, teste manu propria, 



40 ANNANDALE CHARTERS. [1579. 



43. Bond op Maneent by James Graham of Gillisbie to John Johnstone 
of that Ilk. 17th September 1579. 

Be it kend till all men be thir present vrittingis, me, James Grahame of Gillisbe, for 
my self and my men, tennentis and seruandis, forsamekle grantis ws to becumit in 
manretht to ane ryt honorable man, Johnne Johnnstoun of that Ilk, warden of the 
West Marcheis of Scotland foranent Yngland ; heirfor be the tennour of thir presentis 
bindis and obleceis ws faithtfullie, coniunctlie and seuerlie, lelilie and treulie, to seme 
and obey him in all maner of his aotionis, caussis, and quarrellis [likjas trew and 
faithtfull servandis aucht and suld do to thair maister, and contrarie all men to the 
vtermest of our poweris, the kingis grace and his autorite allanerly exceptit, be this our 
band subscriuit be me, the said James, for my self, men, tennentis and seruandis, as 
follouis, at the Lochuod, the sevintein daye of September in the yeir of God ane thou- 
sand fif hundreth thre scoir and nyntein yeris, befor thir vitnes, Watter Scot of Touche- 
law, Andro Jonstoun in Marioribank, Johnne Jonstoun in the Mylne, and Dauid 
Mayne, notar, with vtheris diuerse. 

James Geahame of Gillisbe, for myself, men, tenentis and servandis, with my 

hand led be Dauid Mayne, notar, of my command, I culd nocht writ 

my self. 

44. Commission by King James the Sixth to John Johnstone of that Ilk, as 
Warden of the West Marches, and Justiciar within the bounds of Eskdale, 
Ewesdale, Wauchopedale, Annandale, Nithsdale and Galloway. 27th August 
1579. 

Jacobus Dei gratia rex Scotorum, omnibus probis hominibus suis ad quos presentes 
litere peruenerint, salutem. Sciatis quia nos intelligentes quod officium guardianatus 
occidentalium marchiarum regni nostri versus Angliam in manibus nostris vacat et re- 
manet, ac ad nostram dispositionem pertinet per dimissionem nostri consanguinei, Joannis, 
domini Hereis, vltimi guardiani eiusdem ; et audientes quod nostri veri et fideles subditi 
per fures, raptores et alios malefactores grauiter oppressi, spoliati et perturbati sint, sine 
quorum punitione si remedium oportunum non prouideatur magne inconuenientie desuper 
sequentur ; pro quorumquidem punitione fecimus, constituimus et ordinauimus, ac 
tenore presentium facimus, constituimus et ordinamus delectum nostrum Joannem 
Jhonestoun de eodem nostrum guardianum occidentalium merchiarum regni nostri 
versus Angliam, et infra omnes bondas eiusdem, videlicet, Esdaill, Ewisdaill, Wauchop- 
daill, Ananderdaill, Nythisdaill et Galloway, tam supra quam subtus Cre, prout etiam 



1579.] WARDENRY OF THE WEST MARCHES. 41 

nostrum iusticiarium infra bondas predictas, cum omnibus feodis et deuoriis eidem 
officio pertinentibus : Dando, concedendo et committendo eidem nostram plenam potes- 
tatem et mandatum speciale guardiani et iusticiarie curias infra bondas predictas, 
quibuscunque partibus et locis earundem, statuendi, inchoandi, affirmandi, tenendi et 
quoties opus fuerit continuandi ; omnes et singulos infra dictas bondas inhabitantes 
quoties per dictum nostrum guardianum requirentur vel sibi expediens videbitur pro 
regni nostri defensione, ac furum et proditorum prosequutione et captione, malefactor- 
umque punitione concurrere ac secum accedere et equitare causandi ; statuta, acta et 
ordinationes desuper faciendi ; transgressores, fures et alios delinquentes infra dictas 
bondas secundum suoram criminum quantitatem legibus regni nostri couformiter 
puniendi, et ad hunc effectum assisas vnani vel plures personarum minime suspectarum 
ad numerum sufficientem, quamlibet personam sub pena quadraginta librarum, sum- 
moniendi, eligendi et iurare causandi ; deputatos sub ipso in dictis officiis guardiani et 
iusticiarie, cum clericis, sariandis, adiudicatoribus et omnibus aliis officiariis et membris 
curie necessariis faciendi, creandi, substituendi et ordinandi, pro quibus respondere 
tenebitur ; exitus, amerciamenta et eschaetas dictarum curiarum ac bona quoque 
hominum non hereditariorum nee heredum terrarum infra dictas bondas pro dictis 
criminibus ad mortem justificatorum, petendi, recipiendi ac eadem suo proprio vsui im- 
portandi et applicandi, et pro eisdem si opus fuerit namandi et destringendi, vnam 
dimidietatem bonorum hominum hereditariorum terrarum pro dictis criminibus infra 
dictas bondas ad mortem iustificatorum suo proprio vsui applicandi, alteramque dinie- 
dietatem eorundem nobis importandi, ac computum in scaccario nostro nobis inde faciendi ; 
et generaliter omnia alia et singula faciendi, dicendi, gerendi et exercendi que in premissis 
et circa ea necessaria fuerint sen quomodolibet oportuna : Firmum et stabile habentes 
et habituri totum et quicquid dictus noster guardianus et sui deputati in premissis rite 
duxerit sen duxerint faciendum : Presentibus Uteris nostris commissionis durante nostra 
voluntate duraturis. Quare vniuersis et singulis liegiis nostris quorum interest vel 
interesse poterit stricte precipimus et mandamus, quatenus dicto nostro guardiano et 
iusticiario in omnibus et singulis dictum officium concernentibus, durante spatio predicto, 
prompte pareant, intendant et respondeant, sub omni pena quam erga regiam nostram 
in hac parte incurrere poterint maiestatem. In cuius rei testimonium, presentibus 
magnum sigillum nostrum apponi fecimus, apud castrum nostrum de Striuiling, vicesimo 
septimo die mensis Augusti, anno domini millesimo quiugentesimo septuagesimo nono 
et regni nostri decimo tertio. 

Per signaturam manibus supremi domini nostri regis ac dominorum sui secreti 
consilii subscriptam. 



42 ANNANDALE CHARTERS. [1579. 



45. Offers of Submission by Sir Thomas Kee of Ferniehirst to the Eaels of 
Morton and Angus. 1579. 

Thir ar the offeris of me, Thomas Ker of Fernyherst, knyeht, as eftir followis. 

Item in the first, I offer to acknawlege and profes the kingis maiesteis auctorite, and 
salbe ane faithfull and obedient snbieet wnto his heynes, serving his maiestie treulie 
according to my boundin dewtie to the wtermast of my powar. 

Secundly, Albeit I neuer did nor meinit to do ony offens to my lordes the Erles 
of Mortoun and Angus for my particular evill weill that evir I buir vnto thair lord- 
ships, or ony of thair house, bot only for the avainceing the service of ane I professit 
for the tym, as I was commandit be the said auctorite (as God [is] my jug), yit nevir- 
theles, being maist villing and desyrous be all meinis [posijbill to procuir thair lord- 
ships favour and benevolence, I offer to cum befoir thame in presence of quhom and 
quhair I salbe requirit ; and thair confes and grant all the offenceis that I haif com- 
rnittit aganis thair lordships, and sail crave maist humbly thair pardoun for the sam, 
doing thairfoir all the lik honouris and homag vnto thame as gif I had committit the 
saidis offenceis in setting forwart my awin particularis. And farder sal confes that 
all the skaith domag that evir I haif sustenit at thair lordships handis I haif maist 
justly deseruit the same. 

Thridly, I offer the mariag of my eldest sone frelie to be bestowit at thair lord- 
ships discretioun vpon ony of thair freindis of honest and sufficient rank. 

Ferdly, That notwithstanding the principall and narest of bluid [to my] bairnis 
sufferit iuduring the governiment of the Erie of Mortoun, I offer the perpetuall band of 
manreth of me and my saidis bairnes vnto the foirsaidis erles, for to serue thair lord- 
ships and thair houses trewly and faithfully against all deidlie, the auctoritie being 
exceptit. 

Prouyding allwayis, that I may haif be thair lordships menis the kingis maiesties 
pardoun for my offens, and being relaxit fra the home I may enioy the benefeit of the 
act of pacificatioun and be restorit to my haill rowmes, officeis and leving that my 
predicessouris and I was in possessioun of befoir my foirfaltour ; togidder with my 
haill letteris and euidentis that com in thair handis be the redditioun of the castell of 
Edinburgh be the wmquhill laird of Grange ; and also that I may [haif] thair lordships 
band of mantinence, be the quhilkis I and my bairnes may be menteinit be thair 
lordships in all our honest and just causes (according to the accustumed fassioun of the 
realme), and specially in the peceable possessioun of all that appertenis vnto myself, as 
alsua of that quhilk appertenis or may appertein to my guidmoder the Lady Grang, and 
to my saidis bairnis be the deceis of hir wmquhill husband, thair guidschyr. 



1579.] SIR THOMAS KER OF FERNIEHIRST. 4 3 



46. Answers by the Earl of Mobton to the offers by Sir Thomas Ker of 

Ferniehirst. 1579. 

The Erie of Mortounes ansuer to the offeris maid to him be Thomas Ker, sumtym of 

Pharnyherst, knycht. 

Inprimis, to the first offer it is ansuerit that the same altogither pertenis to the kingis 
maiestie, and therfoir remittis it to be orderit be his hienes and his eonsall, considering 
the said Erll of Mortoun is not now regent. 

As to the secund offer, quhilk is maid to the said erll and to the Erll of Angus, the 
Erll of Mortoun maks ansuer thervnto for himself — that is to accept the offer in con- 
fessing of the offens committit, befoir his lordship and sic vtheris as he will appoint to 
heir the sam, and doing thairfoir sic honour and homag as the said erll sail think gude, 
with the said Thomas confession that quhat skaith or quhat daunger he hes sustenit at 
the said lordis hand he hes maist justly deseruit the same, and sail discharg thay 
thingis in sic sort as the said lord sail desire. 

To the thrid offer, for the mariag of his eldest sone, as the offer at mair lenth 
beiris, my lord is content to accept the offer, and not of his eldest sone, hot of sic a 
sone as the said lord sail best lyk of, the said Thomas infefting him in his landis with 
sic sufficient prouisioun as the said lord sail deuise. 

To the fourt offer, concerning the boind of manrent offerit be the said Thomas and 
his bairnes, the Erll of Mortoun acceptis the sam as the offer beiris, prouyding that the 
same be maid as the said erll sail deuise the securitie in the best form. And quhair it 
is cassin in that the narrest of bluid to the said Thomas bairnes sufferit during the 
tym of the said erllis regiment, that was done be the kingis maiesties auctorite for 
offenses worthely deseruit, and thairfoir audit to be buryit and not to be spoken of. 

The last article conteins diuerse and sindrie heidis — First, quhair it is desyrit be 
prouisioun that the Erll of Mortoun sail obtein the kingis maiesties pardoun to the said 
Thomas for his offense, his lordship can not bind him self heirvnto farther nor to 
schaw his guidwill and fauour for obteyning of the sam. Secundly, the said Thomas 
desyris that being relaxt fra the home, he may enioy the benefeit of the act of pacifica- 
tioun and be restorit to his haill rowmes, officeis and leving, that his predicessouris and 
he was in possessioun of befoir his foirfaltour. To this the said erll ansueris as to the 
first article, that he cannot be bound heirvnto bot to labour vpon guidwill frelie for 
obtenyng of the said pacificatioun. Bot as to the restitution of him to his haill 
rowmes, offices and leving that his predicessouris and he was in possessioun of befoir 
his foirfaltour, the article in that point is generall, for befoir ansuer can be maid 
thervnto he man condiscend in speciall quhat rowmes, offices and leving he desiris to 



44 ANNANDALE CHARTERS. [1579. 

be possest in. As to the letters that com in the Erll of Mortounes handis, the said 
erll is content to deliuer the haill letters and euidentis being in his handis to the said 
Thomas Ker ; and further to let him vnderstand quhat letters ar taken furth of the 
kist and delywerit to wtheris, to the effect that the sam may be recouerit. As to the 
band of mantenance desirit, be the quhilk the said Thomas and his barnis may be 
mantenit, the said Thomas satisfeing the said erll of the conditiones befoir writtin, his 
lordship wilbe content to grant him band of mantenance. Bot quhair it is desyrit that 
specially the said erll manteine thame in possessioun of all that appertenis to the said 
Thomas, as also of that quhilk appertenis, or may appertein, to his guid mother, the 
Lady Greng, and to the said Thomas bairnes be the deceis of the ladyes wmquhill 
husband, thair guidschyr, the said erll thinkis that this article suld be maid mair 
speciall, and the landis specially expressit quhairof thai desyr to be mantenit ; and in 
his lordships opinioun he thinkis it not meit to the said Thomas to be curious to mell 
in this mater, quhill first he war acceptit in the kingis fauour and wer becum his frie 
liege, sa that thairefter he mycht procure sic fauour thairintill him selfe as he culd. 

Farther, the said erll desyris that befoir the conclusioun appointment thair may be 
appointment maid betuix the laird of Pharnyherst and the toun of Jedburgh, the 
lairdis of Hundeley, Hunthill, Edzarstoun, and remanent persones of the surenam of 
Eutherfurd, freindis and dependaris of the said erll, the lard of Beddroule, and 
remanent persones of the surnam of Trumble, his lordships freindis and dependeris, 
and the lard of Bonejedburgh and remanent persones, freindis and dependeris of the 
house of Bonejedburgh, and that in respect of thair faithfull seruice maid to the 
kingis maiestie, and the Erll of Mortoun during the tym of his regiment and sensyne ; 
quhilk being done may further the said Thomas to the greter fauour at the kingis 
maiesteis and consallis hand. Otherwyis gif he refuis it may perhaps be ane occasioun 
of impediment. 



47. Bailbond by John Johnstone in Carterton and Thomas Johnstone of Fing- 
land to John Johnstone of that Ilk, for the release of Thomas Johnstone 
in Fingland from Lochmaben. 21st February 1580. 

At Lowmaben, the xxi day of Februair, the yeir of God ane thowssand fyve hundreth 
and foir scoir yeiris : Forsameikle as we, Jhonn Jhonstoun in Kairtertoun and Thomas 
Jhonnstoun of Fynglane, bindis and oblissis ws, our airis, executouris and assingnayis, 
to Jhone Johnnstoun of that Ilk, his airis and assingnayis, that the said Thomas 
Jhonstoun now being present in Lowmaben, and to depart to his awin hous, sail cum 
again wpoun Sunday nixt the xxvj of this instant, and enter in Lowmaben to the said 



1582.] EDWARD IRVINE OF BONSHAW AND OTHERS. 45 

noble man, and remane quhill lawfull entre be takin oft' him ; and in this tym is oblist 
that Wille and Syme Jhonnstonis, his sonis, sail remane in the said towne quhill the 
said Thomas returne ; and geyf the said Thomas or his sonis foirsaidis does in the 
contrair, the said Jhone and Thomas is oblist to the said noble man and his foirsaidis, 
that all thair landis, rowmes and possessionis sail cum in his handis for evir and vnder 
pane of tressoun and periure in tym [to] cum. In witness of the quhilk thing we haif 
caussit the notar vnderwrittin subscryv this present obligatioun with our handis laid 
at the pen becaus we culd nocht wryt, and at our speciall command, befor thir 
witnessis, George Hendersoun, Jhone Iruing in Tolquhat, and Thomas Scot, notar 
publict, with wtheris diuerse. 

Jhone Jhonstottn in Cartertoun and Thomas Jhonstotjn of Finglane, with our 
handis at the pen becaus we culd nocht wryt. 

Ita est Thomas Scot, notarius, de mandato dictorum virorum ut supra, teste manu 
propria. 



48. Offers by Edward Irving of Bonshaw, George Graham of Renpatrick, and 
John Irving of Knockhill, to John Johnstone of that Ilk, on account of 
the slaughter of William Johnstone in Hayhill. February 1581-2. 

Thir ar the offeris that we, Eduard Irving of Bonschaw, George Grahme of Ren- 

patrik, and Johne Irving of Knokhill, maikis to the rycht honerabill the 

layrd of Jonstone, and to the wyif and bayrnis of vmquhile Williame 

Johnstoun in Hayhill, thair kyn, freyndis, payrte and pairttakeris, for ws, 

oure kin, freyndis, payrte and payrttakeris, for being on the feild at the 

vnhappe slauchtter of the said vmquhile Williame, quhilk we sayrlie repent. 

In the first, we offer full repentance in our harttis, beseiking God of his infinit 

gudenes that we be newar on the feyld quhare ewar siclyike offensis be committit, and 

ernistle crawis forgevnes for Godis sake. 

Secundlie, we offer to try oure innocens and to acquite ws and all ouris that nane 
of ws schot that vnhappie schot quhareby the said Williame was slayne, nor bure the 
said Williame na rankour in our harttis, and that be sic sufficient men as the layrd of 
Johnstoun will appoynt that we ar able to get or vill do for ws. 

Thridlie, we offer George Irving, sone to the said Eduard, Christe the Grahme, sone 
to George the Grahme, to be enterit in the hous of the Lochuode to the layrd of 
Jonstoun, and thaire to byide sic tryale as the layrd will appoynt that nane schot the 
sayde schot ; and in case ony of thame be found culpable of the schuting of the said 
Williame, we ar contentit that thay be puniscbit for the samyn as ewar the layrd of 



46 ANNANDALE CHARTERS. [1582. 

Johnstoun best pleassis, and thayr punischment salbe na thing hurtfull to this our 
offer. 

Fourtlie, we offer to cum to sik plaice as the Layrd Johnstoun and his wyise 
freyndis will appoynt, and thaire into our lynning claythis to sit dovne apone our 
kneis and desyre forgevnes for Godis caus, and in taikin of homage and repentance 
take our naikit suourdis be the poyntis in our handis and offer thame to the sayde 
layrde, bayrnis and freyndis of the said Williame in maner of sufferage, as may best 
pleisit thame, for being on the feyld quhare that vnhappe slauchter was committit. 

Fyiftlie, we offer to be bound as husband and father to the saidis wyif and bayrnis 
in all thaire lefull and honest caussis, and to take ane trew vprycht payrt with thame 
in all tymis cuming aganist quhasoeuar sail mein to do thame wrang, exceping the 
authoratie, our landis lordis and sic vtheris as we haif committit the lyike offence 
aganis. 

Sextlie, we offer to gyiff of our guidis to the said wyif and bayrnis the sowrne of 
fyve hundretht merkis monye of this realm, and to be payit at sic dayis as the layrd 
of Johnstoun will appoynt ws. 

Sewintlie and last of all, gyve thir our offeris be nocht sufficient we ar contentit 
that the samyn be agmentit as ewar it sail pleis the rycht honerable the layrd 
Johnstoun, with aduise of his wyise freyndis, sail think expedient. 

And thir our offayris we maist humble offer and beseikis your masterschip for the 
love of God, and as ye craive to be forgevin of God that ye will forgeve vs and desyre 
in our names all vtheris to forgeve in lyik maner. Subscryvit the day of 

February 1581 yeir, befoir thir witnessis, Jhone Jhonstoun of that Ilk and Andro 
Jhonstoun of the Kirktoun, and Thomas Scot, notar, with vtheris diuerse. 

Eduard Irwing of Bonschaw. 
George Grahme of Eenpatrik. 
Johne Irwing of Knokhill. 

With our handis at the pen laid be 
Thomas Scot, notar. 
Ita est Thomas Scott, notarius publicus, 
teste manu propria, vt supra. 



49. Offer by Will Bell of the Nook and another, to vindicate themselves from 
certain accusations. 6th February 1583-4. 

We haiff resauit your ansuer off ane letter direct be ws, datit the xxiij off January, 
subscriuit onlie be Will Bell of the Nuke, takand the burding one him for the haill 



1584.] WILL BELL OF THE NOOK. 47 

rest, anent the bering of the portiwis off ws four Bellis, quhilk ansuer beris in effect that 
we war born for tressonable breking of our band and promeissis and that at command off 
yow, thair maister. And quhair it is ansuerit that ye resauit laitlie ane vther writing 
quhairvnto ye culd nocht geve ansuer becaus it wes nocht subscriuit nether be ws nor 
ony notar in our names ; for ansuer off the quhilkis, ye sail resawe be this present, 
that I, Will Bell off the Nvik and Will Bell off Blacathous heirefter subscriuit, takis 
the burding vpon ws for Rany Bell and Watty Bell, our brether, to menteine and 
werifie that alleggit band quhilk we ar borne for to haive bene dewysit and invented be 
yow and sik vtheris, we beand in your ward and in dainger off our lywes, and for feir 
and sawetye off same wes constrynit to subscryve and to do quhat ye wold have ws : 
And therfoir geve ye or ony that ye can move will beir ws as vnhonest personis for ony 
pointt contenit in that pretendit writing, we four will offer our bodeis for tryal] of our 
awin honour and in preving of theis personis vnhonest quhilk falslie wald meine to 
accuis ws. Prowyding that we may have that securitie to be in na dainger off ony 
persoun (except sik as we addres ws vnto), quhilk is be geving of sik personis as we 
sail name to be enterit within the place of Drumlangrig, thair to remane vnto the 
lauchfull tryall off our debait : Quhilk beand done we ar contentit and refferris vnto 
yow the tyme and place to be appointted quhilk we sell keep as we have honestie and 
our lywes to menteine. Writin from the vj day off Fabruary I m v c lxxx thre 

yeris. Weill Bell, w* my hand. 

Will Bell of Blakathous w 1 my hand. 

This wryting be delyveryt to the laird of Jhonstoun. 



50. Bond by Richard Graham that he will remain within the tower of Torthorwald 
until Sir John Johnstone of Dunskellie, the warden, give him his liberty. 
10th August 1584. 

Be it kend till all men be thir present letters, me, Richert Grahame callit Hutsehoneis 
Reche, that forsamekill as the richt honorabill Schir Johne Johnestoun of Dunskelle, 
knycht, lord warden and juistice within the bouudis of the Waist Merchis of this 
realme, haifand tane me and imprisonit me within the towr and fortalice of Terthor- 
wall ; and therfoir becaus I micht haif na libertie out of the said prisone without this 
my band and promeis vnderwrettin, I therfoir be the tennour heirof fathfulle bindis 
and oblissis me that I sail remane within the tour and fortalice of the samyn and 
yardis therof, and sail nocht pas forthe at the vtter yet of the said place, without leif 
and licence first askit be me and syne gewin and grantit be the said lord warden, 



48 ANNANDALE CHARTERS. [1584. 

vnder the panis of trasone, sehame, infanie, tinsall of perpetuall credit, honestie and 
estimatioun, and fra thyneforth to be estemet ane tratour, and newer to haif credit in 
tyme cuming, in caise I contrawene or brekis the tennour heirof. And forder, gif it 
happenis me, the said Eiche, that I rneining dereclie or indereclie to gif wp this my 
band swa that I will be na langer vnder promeis, bot that I will avait and lene vpone 
my avin protecsioun, I vnder the panes abuif specefeit bendis and oblissis me, that I 
sail befoir the vpgifing of the samyn enter myself personallie within the said tour and 
fdrtalice of Terthorwall, and thair vpgiff ttle samyn to the said lord warden being 
present and acceptand the samyn, schawing and declaring to his lordschip I will be na 
langer vnder band and promeis as said is ; and this to all and syndre I mak it knavin 
be this present, subscryuit as followis, at Terthorwall, the tent day of August, the yer 
of God I m v c fourscoir foure yens, befoir thir witnes, Mr. William Leslie, brother to the 
Lard Boquhane, Nicoll Newall, messinger, Patrik Grahame in Cowrance, and Archibald 
NeWall, noter publict, with vtheris dyuerse. 

Richert Grahame callit Hutschonis Riche, with my 
M. V. Lesly, witness. hand . led at the pen be the notar vnderwrittin 

Nicoll Newall, messing., at my command becaus I can nocht wrete. 

witnes. Ita est Archibaldus Newall, notarius publicus, de 

mandate dicti Ricardi scribere nescientis, ut asseruit, 
teste manv propria. 



51. Assurance by John Maxwell, Earl of Morton, that John Johnstone called 
Greenhill, and others, shall be unmolested by him. 24th August 1585. 

We, Johnne, Erll of Mortottn, be the tennour heirof assuris Johnne Jonstoun callit 
Grenehill, Johnne Scot, Rychard Latymer, Andro Johnstoun in Myrheid, James Jon- 
stoun in Rigfuttis, Williame Dingwell, Andro Smyth, Johne Jonstoun, brother to Johne 
of the Chapell, Thomas Mortoun, Andro Maitland, Johne Anderson, Symon Moffett, 
Malcolme Bard, Johnne Lytill, Dauid Wilsone, Robene Byrkmyre, Johne Glessurd, 
Dauid Andersone, Cuithbert Kaa, Jhone Freane, Patie Thomsone, Jok Smyth, now 
being in the castell off Lochmabane, to be vnhurt, harmit or molestit be ws, oure 
freyndis, partie or partakaris, in thair bodyis, landis, tenentis, gudis or geir, for ony 
querrell, cryme or fait that we or oure forsadis may imput to thame in ony tyme 
bypast to the day and dait heiroff. Attour, we for ws, our freyndis, partie and par- 
takaris, assuris the forsadis personis and every ane off thame and thair foirsadis in 
tymes cuming, fra the day and dait heroff, to be vnhurt, harmit or molestit be ws, our 
freyndis, partie or partakaris, in thair landis, bodyis, tenentis, gudis or geir, thay nor 



1585.] SIR. JOHN JOHNSTONE OP DUNSKELLIE. 49 

nane of them doand onything hurtfull or preiudiciale heirefter to ws, our freyndis, 
partie or partakaris, iu our bodyis, landis, tenentis, gudis or geir, and that the fait or 
offence to be committit (in case ony be) be ony ane of the foirnammit. personis sail 
nocht be impute to ony of the rest nocht offenaud : And this our assurance we promes 
to be trewly keipit, we promes vpoun our honour, be thir presentis subscriuit with 
our handis our signet is affixt, at Drumfres, the xxiiij day of August 1585, befor thir 
witnes, Capitane James Frissale, Mr. Williame Leslie, Rych'ard Maxwell in Cavenis, 
James Frude, and Jhone Makghe, notar pftblict. Mortoune. 

[Seal impressed.] 

52. Signature foe Gift by King James the Sixth to Sir John Johnstone of 
Dunskellie, Knight, and his spouse, of teinds in Lochmaben. Circa 1585. 

Oure souerane LORD oi'danis ane letter to be maid vnder his priwie seill to his hienes 
weilbelouit Schir Johnne Johnnestoun of Dunskellie, knycht, warden of the Wast 
Merche, and Dame Margaret Scot, his spous, .thair airis and assignayis, ane or ma, off 
the gift of the escheit of the tak of the teind schavis, perroching of Lochmaben, of all 
guidis, movable and vnmovable, dettis, takis, steidingis, rowmes, possessions, cornis, 
cattell, insicht plenissing, maillis, fermes, caynis, custnmes, proffittis and dewteis of 
quhatsumeuir landis, baroneis or steidingis, within the bundis of Annandaill, Esdaill, 
Ewisdall and Wauchopdaill, togidder with the escheit of the maillis, fermes, caynis, 
custumes, proffittis and dewteis of the landis and baroneis of Carlaverok, and of the 
tak of the teind schavis of the toun and perroching of Dumfreis, quhilkis pertenit to 
Johnne, Erie of Mortoun, Lord Maxwall, and now pertening to oure souerane [lord], fallin 
and becummin in his hienes handis be ressoun of escheit, throw being of the said erle 
ordourlie denuncit his majesteis rebell and put to the home for non entrie of certane 
personis of the surname of Armistrangis and vtheris, for quhome he wes bund be 
generall and particulare banddis befoir his hienes and lordis of secreit counsall, at certane 
dayis appointtit to that effect, to have vnderlyne sic ordour as sould haif bene taikiu 
for the quieting of the cuntrie, lyk as at mair lenth is contenit in the letteris of horn- 
ing direct thairvpoun, executioun and indorsatioun thairof, or throw being of the said 
Johnne, erle foirsaid, ordourlie chargit to haif compeirit vnder the pane of tressoun and 
denuncit his majesteis rebell for non comperance to vnderly the lawis, or for non eom- 
perance befoir his majestie and lordis of secreit counsall to haue answerit to sic thingis 
as sould have bene layit to his charge, and specialie for taikin of armes, cuming and 
opponing him selff with convocatioun of liis hienes liegis aganis his majesteis lieutennent, 
in vsing and exersingof his office thairin, for rasing offyre and birning of houses within 
this realme, assaigeing, taikin and detening of houses and fortalices and of certane frie 

G 



50 ANNANDALE CHARTERS. [1585. 

personis, his niajesteis trew and faithfull liegis, within the samin, or for non entering his 
persoun in ward, as at mair lenth is contenit in the actis, letters, proclamationis, 
executionis and indorsationis maid and direetit thairvpoun, or for quhatsumevir vthir 
caus or eausatioun the said erlis escheit may fall : With power to the saidis Schir 
Johnne, his spouse, thair airis and assignayis foresaidis, to intromett with and vptak 
the escheit guidis and maillis, fermis, proffittis, caynis, custumes and dewteis of the 
landis, baroneis and steidingis foresaidis, and specialie of the landis and barony of 
Carlaverok, togidder with the teind schavis of the saidis tounis and perrochingis of 
Drurnfreis and Lochmaben, during all the yeiris and space thairin contenit yet to rin, 
and thairvpoun to dispone at thair plesour ; and to occupy the saidis rowmes, takis 
and steidingis with thair awin proper guiddis and geir, or to sett the samin to tennentis 
as thai sail think maist expedient ; and to gadder, collect, intromett with the saidis 
teind schavis, with all and sindrie fredomes, etc., frelie, quietlie, etc., but ony reuoea- 
tioun, etc. And forder, that the said letter be extendit in the best forme, with extention 
of all clauses necessar. Subscriuit be oure said souerane lord, at the day 

of the yeir of God I m v c fourescoir yeiris. 

James R. 



53. Assurance by James Douglas of Drumlanrig to Edward Irving of Bonshaw 
for Carlyle, Bell, and Irving of Turnshaw. 22d November 1587. 

Be it kend to all men be thir present letteris, I, James Douglas of Drumlangrik, 
taiken the burdein vpone me for Cairlell, Bell and Irwing of Turneschawe, for thayme 
and thair pairttaikeris quhatsumewyr, assures, as be thir presentis assures Edward 
Irwing of Boynschawe his pairtye and pairttaikeris, Scottismen quhatsumewyr, alsweill 
vnnaymet as namet, for baythe the saidis pairtteis, for the spaice of twentye dayis to 
cum preceiding the day and dait heirof, to be vnhurt, vnhayrmet, vnmolestit or trublit 
in body or guidis. For the fulfylling, keiping and obserwing of thir presentis, 
I, the said James Douglas of Drumlangrik, promeissis faythfullie vpone my 
honour, faythe and trewthe, to cause this assurance be keippit fayrme and staibill 
induring the said spaice aboyne writtin. In witnes of the quhilk I haiw subscriwit 
the samen with my hand at the Lochwoid, the twentetway day of Nowember 1587, 
beffoir thir witnes, Roger Greirsoun of Lag, Alexander Jairding of Appilgarthe, knycht, 
Johne Menzeis of Oastelhill, younger, the layrd of Eranschlane, with vtheris dywers. 

J. Drumlangrig- 



1587.] ELIZABETH JOHNSTCXNE, LADY APPLEGIK.TH. 51 

54. Bond by Elizabeth Johnstone and her husband, Alexander Jaedine, younger 
of Applegirth, resigning all claims they have over the estates of the late Sir 
John Johnstone of Dunskellie. 24th December 1587. 

Be it kend till all men be thir present letters, me, Elizabeth Johnnestoun, lauchfull 
dochter of vmquhile Schir Johnne Johnnestoun of Duskellie, knycht, and Alexander 
Jarding, my spous, for his interes, to be bund and obleist, and be thir presentis bindis 
and obleiss ws, our airis and assignais, to James Johnnestoun of that Ilk, sone and air 
of the said vmquhile Schir Johnne, and to his airis maill quhatsumeuer, in rnaner efter 
specifeit : Forsamekle as I, the said Elizabeth Johnnestoun, and the said Alexander 
Jarding, my spows, for the preseruatioun, weill and standing of the surname of 
Johnnestoun and of the hows quhairoff I am descendit, being of guid mynde that 
extraneand persounis possess nocht the landis or leving pertenyng to the said vmquhile 
Schir Johnne Johnnestoun, my father, bot that the samyn may remane with the sur- 
name of Johnnestoun in all tymes cuming : Thairfoir I, the said Elizabeth, and the 
said Alexander, my spows, for his interes, be thir presentis consentis, willis and grantis, 
that in caise the said James Johnnestoun of that Ilk depairt this present lyiff without 
lauchfull airis maill to be procreat of his body, that the nerrest and lauchfull air maill 
of the said James or of the said vmquhile Schir Johnne, his father, sail enter and be 
seruit to thame as nerrest and lauchfull airis in and to all thair landis, rowmes and 
possessionis, guidis and geris, ony maner of way pertening to the sade James or to his 
said vmquhile father : Lyikas be thir presentis I and my sade spous for his interes, 
than as now and now as than, bindis and oblissis ws, our airis and assignais, to 
renunce, resigne and frelie geve over fra ws, our airis and assignais, all rycht, titill, 
entres, clame, propertie and possessioun, that we had, hes, or ony maner of way may 
haue, in and to quhatsumeuer landis, rowmes and possessionis, pertenyng ony maner of 
way to the sade James or to his said vmquhil